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Full text of "History of York County, Maine. With illustrations and biographical sketches of its prominent men and pioneers"

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3  1833  01083  7331 


REYNOLDS  H'-T^^ICAL 
GENEALOGY  C^^LLECTION 


Vv\STO/,.j 


OF- 


YORK   COUNTY 


IMZ^LinSTE. 


'^ith  |(II«straiions  and  Hgiogra^lucnl  ^hetclie^ 


ITS    :PK.o:M:i3NrEisrT   ns/CEir   j^hstid   i=iOiTEEi?.s. 


i 


PHILADELPHIA: 
EVERTS    &   PECK. 


880. 


:-J^:-k-,- 


PRESS  OF  J.  B.  LIPPINCOTT  A  CO.,  PHILADELPHIA. 


PREFACE. 

—  ^191395 

The  present  volume  is  the  first  published  History  of  York  County,  Maine.  Aitliough  materials  Irnve 
existed  for  such  a  publication,  they  have  not  been  found  in  any  siK-cial  or  <,'eneral  collection,  and  the  lalwr  of 
collecting  them  chiefly  from  orij,rin:il  sources,  and  of  arnin^nn^r  d,,.,,,  j,,  ;,  liarmonious  and  consecutive  narra- 
tive of  events  extending  through  a  period  of  more  than  two  iituuhcd  and  fifty  ye-ars,  hiw  liocn  by  n«.  means 
a  light  or  trivial  tiisk.  How  well  or  ill  tlic  !al)or  has  Ihiii  |>crform(d  is  now  left  to  the  judgment  of  the 
intelligent  reader.  Doubtless  some  crroi-s  have  crept  into  the  work  in  spite  of  our  utmost  care  and 
vigilance,  but  we  trust  that  none  are  of  so  grave  a  character  as  to  impair  the  general  a<«nracy  and  value  of 
the  history.  With  regard  to  the  plan  of  llic  work,  it  is  only  ncccssiiry  to  say  that  it  has  been  arrange<l 
with  reference  to  the  most  economical  use  of  spa<e,  with  a  general  and  locid  de(mrtment.  The  general 
history,  embracing  that  which  is  common  to  the  county  at  large,  has  been  i)lace<l  in  a  de|)artment  by 
itself  in  the  forepart  of  the  book ;  this  has  been  followed  by  separate  histories  of  the  cities,  towns,  and 
villages  of  the  county,  interspersetl  with  numerous  biographies,  ))ortrait.s  and  other  illustrations,  and  the 
whole  carefully  indexed  to  facilitate  reference. 

To  the  citizens  of  York  County  who  have  aided  us  in  the  work,  we  take  this  opjMirtunity  to  return 
our  tlianlvs.  Our  acknowledgments  are  especially  due  to  Hon.  Etlward  P.  Buridiam,  of  Saco,  a  member 
of  the  Maine  Historical  Society,  for  a  ready  fund  of  valuable  statistics  which  has  been  conlially  placed 
at  our  command,  and  for  information  on  several  topics,  rendering  our  lalxirs  less  dilHcult  than  they 
otherwise  would  have  been.  Hon.  Nathaniel  G.  Mai-shaii,  of  York,  ha.s  kindly  rcvicwe«l  c-onsiderable  por- 
tions of  our  general  history,  and  aided  us  materially  in  the  preparation  of  the  history  of  his  native  town. 
Like  acknowledgments  are  due  to  Edward  E.  Bourne,  Esq.,  and  Dtuiiel  Remich,  Esq.,  of  Kennebunk ; 
to  Hon.  John  M.  Goodwin  and  Thomas  Quinby,  Esq.,  of  Biddeford  ;  to  Rev.  .John  G.  T.  Nichols,  DJ)., 
Rev.  William  J.  Alger,  George  F.  Calef,  Esq.,  and  Horace  H.  Burbank,  E-stp,  of  Saco.  The  York 
Institute,  through  its  president  and  members,  has  furnished  some  valuable  materials  and  given  hearty 
encouragement  to  our  enterprise.  We  also  tender  our  acknowledgments  to  the  memliers  of  the  county 
press,  and  to  the  county  and  town  officials  generally. 

The  following-named  gentlemen  have  been  consultetl  and  have  renderetl  more  or  less  assistance  in 
matters  pertaining  to  their  respective  town  histories :  Charles  M.  Came,  Esq.,  and  Asa  L.  Ricker,  Alfred  ;  M. 
C.  Hurd,  Esq.,  Hon.  Zebulon  G.  Home,  Horace  Botlwell,  Acton ;  John  H.  Stillings,  Frederick  A.  LonI, 
Richard  L.  Goodwin,  Berwick;  Hon.  Samuel  A.  Hill,  Robert  A.  Bradbur)-,  Hon.  Charles  E.  Weld,  Bux- 
ton; Howard  Brackett,  Dr.  W.  B.  Swasey,  Hon.  Caleb  R.  Ayer,  Cornish;  John  W.  Clark,  James  K. 
Huntress,  William  R.  Buzzell,  Dayton ;  George  E.  Ireland,  John  L.  Jenks,  J.iscph  Hnmraon.l,  Jr.,  Eliot ; 


PREFACE. 


Deacon  James  Moultou,  Melville  B.  Smith,  Hon.  H.  K.  Bradbury,  Hollis;  Dennis  M.  Shapleigh,  J.  R. 
Philbrook,  M.  F.  Wentworth,  M.D.,  Kitterj ;  Hon.  James  W.  Grant,  John  E.  Chamberlain,  John  E. 
Moody,  Esq.,  Lebanon;  F.  "W.  Libby,  Hon.  A.  Burbank,  J.  C.  Lane,  Limerick;  Dr.  S.  M.  Bradbury,  Gen. 
William  M.  McArthur,  W.  G.  Lord,  M.A.,  Liraington;  Hon.  Dimon  Roberts,  Hon.  Hiram  Waterhouse,  C. 
W.  Murphy,  Esq.,  Hon.  Jame.s  Xason,  Lyman;  Roscoe  S.  Holmes,  J.  M.  Moulton,  Stephen  Adams,  M.D., 
Newfield;  Hon.  John  Hail,  Haven  A.  Butler,  Esq.,  Deacon  Ebenezer  Hobbs,  North  Berwick;  Silas  H. 
Cartland,  Hon.  John  Brackett,  Parsonsfield ;  John  A.  Dennett,  Hon.  Howard  Frost,  Deacon  Stephen  Dor- 
man,  Sanford;  Edwin  A.  Moulton,  Esq.,  John  Hemingway,  Hosea  Merrifield,  Shapleigh;  Charles  C. 
Hobbs,  Esq.,  Hon.  Jolni  B.  Xealley,  E.  R.  Mclntire,  South  Berwick ;  E.  H.  Hobbs,  Isaac  N.  Deering,  Henry 
Gowen,  Waterboroiigli ;  Barak  Maxwell,  ^Vells  ;   and  Hon.  Enoch  Cousens,  Keimebunkijort. 

W.  W.  C. 

January  24,  1880. 


C  ( )  N  1^  E  N  T  S. 


IiISTOI?.IG^L. 


HISTORY  OF  YORK  COUNTY,  MAINE. 


I.— Eftily  Discoveries  auU  Sittl.meuls  . 

,, 

II.— I'atonta  Granted  by  the  Plymoulh  Coun.il 

II 

III.— First  Civil  Govorninent  in  Mi.ii>c    . 

i: 

IV.— AJminiistralion  of  Thomas  0..rge«    . 

211 

V.-UovcrniDCnt  under  Alexander  Uigl.v 

■s.; 

VI.— Adiniuislration  of  Edward  Godfrey 

•27 

VII. — Jurisdiction  of  .Massacliuselts  . 

■20 

Vni.—Ilevival  of  the  Gorges  Claim    . 

■h 

IX.— Indians  of  Yorl<  County 

::6 

X.— The  First  Indian  War 

III 

XI.— (iovernmcnt  under  Danforlh    .... 

1.". 

XII.— Frencli  and  Indian  War,  ir.8S-«2     . 

4S 

XIII.— Continuation  of  Indian  Ilostililics  . 

il 

XIV.— Civil  Affairs  under  tlieCliarter  of  1  Gill    . 

ii 

XV.— Progress  of  Settlements  after  the  War      . 

58 

XVI.— Fourth  Indian  War 

M 

XVII.— War  between  France  and  Enghmd  . 

li'.' 

,.-j 

XIX.— Division  of  the  County 

XX.-Period  of  the  Ucvolution          .... 

li'J 

XXI.— Under  the  Constitution  of  Mas.-aihuselis 

74 

XXIII.— Uench  and  liar— (Continued)  .... 

81 

XXIV      lieneh  and  Bar     (Conlinuedl 

<i| 

XXV.— York  County  Civil  I,isl 

XXVII.— York  County  Press 

113 

XXVIII.— Medical  Profession 

1  li'i 

XXIX.-Warofthe  Rebellion  (with  r..-iers  ..frbe  r.-i..K-.,t- 

1-'" 

IIISTOKY    or    TIIK    TOWNS    .\M>    \II.I.V(.i: 
YOltK    COINTV. 

T..«n  ..I   Vork       . 

•  Kvnn.bui.k  . 
■'       Bu.xlon 

•  Alfred  .... 

•  Kitlery  . 

•  lierwiek 
.\..rlh  Itcrwi.-k 

•  .<uulh  Ilerwick 
Pnrson'field  . 

<■       Limerick 


llnllis    . 
Siinford 
Kenncbunkpor 
Watcrboronsh 
Wells     . 
Liminslun     . 
Kliut      . 
Lebanon 
Dayton 
Aclon    . 

.KMKVr 


B I O  G  R.^  I^ECI  G^  L. 


Noah  Emery 
David  Sewall 
Moses  Emery 
Daniel  Sewall 
James  .Sullivan    . 
Judge  George  Thacher 
Dudley  Hubbard 
Prentiss  Mellen  . 
Edward  P.  Ilaymai.     . 
Cyrus  King 
John  Holmes 
William  Lambert 
Benjamin  Greene 
Judge  Joseph  Howard 
George  W.  Wallingfor.l 
Xicholas  Emery  . 
Judah  Dana 
Joseph  Dane 
Samuel  A.  Bradley 
Edward  E.  Bourne,  LL.D. 
Joseph  Barllctt    . 
William  B.  Sewall 
Samuel  Hubbard 


Charles  X.  Cogswell 
William  P.  Preble 
Ether  Sheplcy     . 
Philip  Eastman 
Daniel  Ooodenuw 
Nathan  D.  Appleton 
Kufu!  P.  Taplcy 
John  M.  Goodwin 
Samuel  Bradley  . 
John  Shepley 
Samuel  W.  Luques 
James  .M.  Slone  . 


Nathaniel  G.  Marsh.ill 
Charles  Tnift..n.  M  li. 
John  A.  Berry.  M.D. 
Horace  Bacon,  .M.II.  . 
Frnnci?  G.  Warr.n.  M. 
Orr.n  Ross.  M.D. 
Koscoe  ti.  Dennett,  .M. 
Gen.  William  .M.  -MoA 
Capt.  <;e«rgc  A»  De<?rii 
Col.  Horace  H.  Borbai 


faring 
faciDK 


CONTENTS. 


■BXOG-TbJ^FTJlXCJ^Tj. 


tley 


Capt.  James  F.  Miller 

Horace  Woodman 

Stephen  and  William  Littletield 

Uon.  John  Fairfield     . 

Tristram  Jordan  . 

Capt.  .«amuel  and  J.  F.  U 

Rev.  John  T.  G.  Nichols, 

Abraham  Cutter  . 

David  Fernald     . 

Benjamin  Patterson 

John  Johnson 

Thomas  (juiub,v  . 

Ebenezcr  0.  .Staples     . 

Joeiah  Calcf 

Edward  P.  Burnliam   . 

George  .^oaniman 

Oliver  l)ycr 

Cornelius  Sweetser 

Aaron  McKennr 

George  A.  Carter 

James  .M.  Decring 

Mo.'ies  Lowell 

Samuel  A.  Millikcn     . 

John  Gilpalrio 

James  1).  Patten 

PbdI  Chiidbuurne 

Daniel  >l.  Owen  . 

Eli  Edgciomb     . 

Uonry  Simpson    . 

Ira  V.  IJoe    . 

Abel  II.  Jclle.sou  . 

Barnabas  E.  Cutter 

Timothy  Shaw,  Jr. 

James  A.  Strout  . 

Charles  llar.ly     . 

Leonard  .Andrews 

James  Andrews  . 

.Simeon  P.  .McKi-nncy 

E.<reir  II.  ISanks 

Joshim  Jloorc      . 

Deacon  Thoma.^  II.  t'oli. 

.Soleucus  Adams  . 
^Samuel  Peir.soii  . 
'nun.  William  Berry    . 

Jeremiah  GohUbrougli 

William  P.  Ilnincs 

Col.  Josiah  Ilobbs 

Reuben  M.  Ilobbs 

Enoch  II.  McKenncy  . 

John  T.  .<mitli     . 

Dr.  Thoma.'  Haley 

Capt.  Jotham  lii-nsun 

.Simon  M.  niake  . 

Capt.  Charles  0.  Clark 

Hon.  E.  C.  .Moody 

<fOorgo  Donncll   . 

James  A.  lirngdon 

Horace  Porter 

9etb  E.  Ilryani    . 

.lames  M.  Couaens 

Rev.  Daniel  Little 


. 

acing     152 

Daniel  Remioh    . 

-154 

James  K.  Remich 

between  150,  15" 

James  Osbovn      . 

facing     15S 

Joseph  Hatch      . 

159 

Stephen  H.  Berry        . 

162 

Aaron  McKenney 

■  i 

166 

.Mark  P.  Emery  . 

t^ 

167 

Abram  L.  Came  . 

.. 

16ti 

Aaron  Clark 

.. 

172 

IScnjamin  J.  Palmer    . 

'• 

174 

Joel  M.  Marshall 

176 

AVilliam  Emery  . 

17S 

Sylvester  LittlefleUl     . 

179 

J.  B.  -('ance 

ISO 
180 

JIoscs  A.  Safford 
Wilson  Ilammons       . 

181 

Asa  L.  Rickor     . 

182 

Lorenzo  R.  Hersoni     . 

183 

William  J.  Copeland  . 

183 

lirackett  Hall      . 

184 

James  L.  Prcscott 

185 

Isaac  Varney       . 

185 

William  Hill 

185 

Albert  C.  Buffiim 

186 

Benjamin  Nason 

ISO 

Hon.  John  H.  Burleigh 

.        facin. 

ISO 

Samuel  G.  Dearborn    . 

ISO 

Maj.  Thomas  Churchill 

1S7 

Hon.  Abner  Burbank 

.           filcinn 

I8S 
1911 

Samuel  C.  Adams 
Abijab  Usher       . 

" 

191 

Hon.  Ellis  B.  Usher    . 

192 

Uon.  Nathaniel  J.  Millei 

193 

AFilliam  Emery  . 

194 

George  A.  Frost  . 

jctwccn  19 

6,197 

Hon.  B.  F.  Hanson     . 

19 

6,197 

George  Nasson    . 

facing 

198 

Jeremiah  Moulton       . 

204 

Darling  H.  Ross 

betwc 

en  2( 

J,  205 

Thomas  Goodall  . 

205 

John  Storer 

200 

Joseph  Ridley     . 

207 

Hon.  Enoch  Cousens  . 

209 

Charles  W.  Smith 

209 

The  Strout  Family 

209 

Barak  Maxwell   . 

2111 

Arthur  McArthur 

211 

William  M.  McArtbur 

212 

Sylvester  Bartlett 

212 

Hiram  Jones        . 

213 

Newell  Goodwin  . 

214 

Melvin  AVentwovth      . 

214 

Thomas  M.  Wcntworth 

facing 

220 

Joel  <i.  Hersom    . 

" 

224 

Edmund  Goodwin 

231 

Ivory  and  Levi  Bragdon 

232 

Henry  Ross  Thing      . 

facint 

234 

Rensselaer  W.  Thing  . 

" 

237 

Charles  F.  Sanborn      . 

" 

23S 

Col.  John  Smith  . 

260i 
200i 
260J 


facing     298 
between  302,  303 
facing     304 


facing  330 
331 
339 

facing     364 
.     306 

facing     368 


facing     400 
between  402,  403 
"         402, 403 
lacing     40S 
"         410 
41S 


ctwecu  432 
facing 


ILLTJSTR.^TI01T3. 


Oullino  Map  of  York  Cminty  H'. 
Portrait  of  Moses  Emory    . 

"         John  Holmes  (stool  i 
"  Edward  E.  Hournu  ( 

William  B.  Sewall 
Philip  Eastman 
•'  Daniol  Uoodenow  (si 

Riifus  P.  Taplcy 
8amuol  Bradley 
'•         Samuel  \V.  Lu(|ucs 
"  Col.  Jos.  M.  ?tonc 

Residence  of  N.  G.  Marshall  (w 
Portrait  of  Dr.  Charles  Trafton 
"  Dr.  John  A.  Berry 

Dr.  Horace  Bacon 
Dr.  Francis  G.  Warr 
Dr.  Orrcn  Ross 


Wilhi 


Dr.  K. 


CITY   OF   SACO. 


Residence  of  .Foseph  G.  Deorinf; 

"  Horace  Woodman  (with  |iorti 

Portraits  of  Stephen  and  Wni.  Liltlendd 
Portrait  of  Hon.  John  Fairlicld 

Tristram  Jordan 

John  F.  Hartley 

Rev.  John  T.  G.  .Nichols  (steel 

.\braham  Cutter 


Dav 


nald  . 


Benjamin  Patterson  . 

John  Johnson  . 

Thomas  Quinl.y 

Ebenczer  C.  Staples  . 

Josiah  Calef  (steel)  . 

Edward  P.  Burnham  (steel 
*'  George  Scamman 

Oliver  Dyer  (steel)    . 
"  Cornelius  Sweetscr   . 

Aaron  MeKenny  (steel 
Residence  of  Aaron  McKenny 
Portrait  of  James  M.  Deering 
*'  George  \.  Carter 

"  Hon.  Moses  Lowell   . 

John  Gilpatrie  . 

Samuel  A.  Milliken  . 

James  D.  Patten 

Daniel  JI.  Owen 

Eli  Edgecoml.   . 
•'  Henry  Simpson 

Ira  C.  Doe 


liU  of  Ja.iall  and  l(eul»n  M.  I|..t>>»  . 
lit  ..I   Knw!h  II    McKennry 

•lohn  T.  .<mith  . 

I>r.  Thnmn>  Hulev     .    . 


lupl.  .1 
K.'Mden.'.-  ..r  Sim.. 


M.  Illake(wilh 


Resi.lenee  of  Tlie«loro  Wen-,  Jr. 

C.  C.  Barrell  . 
Portrait  of  Capl.  Charlc.  0.  Clark 

Hon.  E.  C.  MooJy     . 
Marshall  House,  and  oilier  Viewr 
Portrait  of  George  Donnell 
lie«idenee..f  Janie-  A.  Bnigdon  ( » 


KKKNKIUINK. 


,it  of  Horace  Porter    , 
Seth  E.  Bryani 
James  G.  Cousens 
Palmer  Walker 
hiiiiiol  Remich  (Steely 

'  .lames  K.  Remich  fst» 

James  O.horii  (.l-.l 


S3; 


i.h  Hul.'h 


ui;.\T<»x. 


Residence'  .,(  the  late  Capl.  S.  II.  Berry  (with  portraili     faeiDfC     249 

I!.  J.  Palmer  (with  pnrtrmils*  "         2iJ 

A.  I..  Came  (with  portrait)    .         .  2i4 

'•  Aaron  McKenuey  (with  porlmitl  .  "         2i!< 

Portrait  of  .Mark  P.  Emery  (steel  I  lirtween  2I>«,  2A0i 

Residence  ..f  the  late  Thoma-  Emery  (with  porlraiK)   "•       260,  2r.0J 

*■  .Aaron  Clark  (with  portrailsl  .         .      facing     260J 

Portrait  of  Joel  .M.  Marshall 2r.oi 

ALFRED. 

Residence  of  William  Emory  (with  portmil  >  facing  261 

Portrait  of  Hon.  Sylvester  LitHefiell.  "  2IM 

View  of  the  Shaker  village  -  26« 

Portrait  of  J.  B.  Vance "  26S 

Portraits  of  Moses  A.  .'^nfl'or"!.  Wil«nn  llinunons,  and 

A«n  I,.  Bicker  .  ••  27i 

hITTt:ilY. 


CITY    OF   BIUDEFOKI). 

Portrait  of  Abel  H.  Jelleson        .... 

B.  E.  Cutter 

Residence  of  Simon  Newcomb  (with  portrait) 

Portrait  of  Timothy  Shaw,  Jr 

"  James  A.  Stroul 

Charles  Hardy 

"  Leonard  Andrews      .... 

Residence  of  James  Andrews  (with  portrait  i 
Portrait  of  Simeon  P.  McKenney 
Hon.  E.  n.  Banks     . 
Joshua  Moore    .... 
"  Deacon  Thomas  H.  Cole  (  teel 

"         Scleucus  Adams  (steel  I 
"         Samuel  Peirson 
"  Jeremiah  Goldsbrough 


facing     19S 


between  204.  20.) 
facing     20j 


of  George  .Moore                                    .  .        lacing     ; 

Loreni.)  B.  Her«r.m  (with  portrait)  "         ; 

William  J.  Coppland  (with  portntil)  k«tw<wD  302,  : 

NORTH    BERWICK. 


Portrait  "f  Itracketl  Hall    . 
Views  of  the  Residence  and  Millt  of  Willii 
Portraits  of  James  L.  Presoott  and  Wif*    . 
Portrait  of  Isaac  Varney  (steel  i 
WiMiam  Hill  (Steel) 
Portraits  of  All«>rt  C.  Buifum  »nd  Wifr- 


facing     .104 

Hill     between  30«.  307 

facing     310 

belwceo  312,  313 

312.  3IS 


SOI'TH    BERWICk. 

Residence  of  the  late  Hon.  J.  H.  Burleigh 
Portrait*  of  Benjamin  Xasnn  and  Wife 


CONTENTS. 


IXjXjTJSTE.^^TZOI>TS. 


PARSOXSFIELD. 


Residence  of  C.  F.  Sanbo 


ith  portraits) 


facing 


"  Maj.  Thomas  Churchill  (with  portraits)  between  326, 327 

"  T.  S.  Churchill  (with  portraits)      .  "        326, 327 

Portrait  of  Samuel  G.  Dearborn  •'""'"g     ^30 

Wm.  D.  D.  Churchill        ...  "331 

Portraits  of  C.  0.  Nutc  and  Wife 331 

LIMERICK. 


NEWFIELD. 


Portrait  of  : 


1  C.  Ada 


Ilcr  . 


HOLL.IS. 

Residence  of  the  late  Ellis  B.  Usher  . 
«  "        •'     Nathaniel  J.  M 

Portrait  of  Abijah  Usher    . 

Ellis  B.  Usher  (steel) 
"  Nathaniel  J.  Miller  (steel 


SANFORD. 

Portrait  of  William  Emery 

"         Ceorge  A.  Frost 
Residence  of  B.  F.  Hanson  (with  portrait) 

"  George  Nasson  (with  portrait) 

"  Jeremiah  MouUon  (with  portrait) 

Portrait  of  Darling  H.  Ross  ... 
Residence  of  Joseph  Ridley  (with  portraits) 
Portrait  of  Hon.  Thomas  Goodall  (steel) 

"  John  Storcr  (steel)    .         .         .         . 

Dr.  Alvah  Dam         ... 


facing    362 
362 


KENNEBUNKPORT. 

PAGE 

Residence  of  Hon.  Enoch  Cousens  (with  Portrait)      .  facing     37S, 

Charles  E.  Perkins          ....  "380 

C.  C.  Perkins "380 

View  of  the  Parker  House,  etc "382 

Residence  of  S.  H.  Gould  (with  portrait)    ...  "         384 

View  of  Ocean  Bluff  Hotel 441 

WATERBOROUGH. 

Portrait  of  Charles  W.  Smith facing     388 

Residence  of  H.  L.  .Strout  (with  portrait)  ...  "         393 

WELLS. 

Portrait  of  Barak  JIaxwell facing     400 


LIMINGTON. 

Arthur  McArthur  .  betwe 

Wm.  JI.  McArthur      ... 

ELIOT. 

of  Sylvester  Bartlett  (with  portrait) 

LEBANON. 
of  the  late  Thomas  M.  Wentworth     . 

Joel  G.  Hersom     .... 

Hiram  Jones  (with  portrait) 

Newell  Goodwin  (with  portrait)    . 

Melvin  Wentworth  (with  portraits) 

SHAPLEIGH. 


402  and  403 
402  and  403 


Residenc 
Portraits 


(with  portrait 

.     bet.  4.32  and  438 

gdon         . 

facing  434 

f.  Thing 

"      437 

MAP  OI 
MiUNE 


ISLES      OF  SVOALS 


HISTORY 

OK 

YORK    C  O  U  N  T  Y.    .\  I  A  1  N  E. 


BY    W.  W.  CLAYTON. 


CIlAl'THK    1. 

EARLY    DISCOVERIES    AND    SETTLEMENTS. 

Maine  Di.'covorcd  in  15LM— Charls  nf  Knniusio— Chnmiiliiin's  Voyage.* 
— Charter  of  Acadia — French  SettUMiicnts  in  Mnine — Eitglisli  K.\- 
plorers — First  English  Charter — Popham  Colony — Voyage  of  Ciipl. 
John  Smith. 

Mainf,  was  undoubtedly  the  fir.«t  portion  of  New  Eng- 
land taken  possession  of  bj-  anj'  European  nation.  Aside 
from  the  discoveries  of  the  Scandinavians  and  Northmen, 
who  at  a  very  remote  period  of  antiquity  are  said  to  liavc 
penetrated  to  these  shores  and  made  a  .settlement  in  Rhode 
Island,  we  have  positive  evidence  that  Maine  was  di.scovercd 
by  Giovani  da  Verrazano,  an  Italian  navigator,  under  the 
auspices  of  Francis  I.,  king  of  France,  in  1524.  This 
was  seventy-eight  years  before  the  first  English  navigator, 
Gosnold,  had  arrived  on  the  coast  of  Maine.  \'errjzano 
took  possession  of  the  country  in  the  name  of  the  king  of 
France  and  carried  the  news  of  his  discovery  to  Europe,  in 
consequence  of  which  Crigiion,  the  French  geographer,  was 
sent  out  in  company  with  Capt.  Farnicntier,  in  152'J,  to 
obtain  accurate  information  respecting  the  country.  Sailing 
southwestward  from  Cape  Breton  "  a  good  five  hundred 
leagues  towards  tiie  country  of  Florida,"  they  took  accurate 
observation  of  the  direction  of  the  coast,  determined  the 
latitude  and  longitude,  noted  the  natural  products  of  the 
country,  and  the  character  and  habits  of  the  natives.  In- 
formation was  thus  obtained  for  the  first  valuable  contribu- 
tion to  the  cartography  of  Maine,  which  was  published  in 
the  celebrated  collection  of  Ramusio,  in  Italy,  in  1550. 
Thus  it  appears  that  the  French  and  the  Italians  were  the 
first  geographei-s  of  the  coast  of  New  England,  and  that 
students  in  those  countries  were  studying  the  geography  of 
Maine  more  than  half  a  century  before  the  subject  had 
awakened  any  interest  in  England.  Ramusio  says  he  had 
compiled  his  maps  and  charts,  "  such  as  they  were,  not  bo- 
cause  he  thought  them  perfect  or  complete,  but  becau.«e  he 
wished  to  s:\tisfy  the  desire  of  Italian  students,  entertaining 
the  hope  that  in  some  time  to  come  they  would  be  im- 
proved."* 

Crignon,  who  wrote  the  descriptive  portion  accompanying 
the  map  of  Xeto  France  in  Ramusio's  collection,  siiys, — 

"  Going  beyond  the  Cape  of  the  Bretons,  there  is  a  coantry  contig- 
uous thereto,  the  coast  of  which  trends  to  the  west  a  quarter  south- 


Historical  Collections,  vol. 


wt>t  lo  thi-  (.MMiiilry  nf  Kloriilji,  and  runi  along  for  a  |foo<l  firr  hundred 
IcMigucs,  which  cuasi  wa<  di>cuvcre<l  Sftc«n  yrar>  ago,  by  Mailer  liiu. 
vani  da  Vcrraiiinu,  in  thi-  name  of  the  King  of  France  and  Madame 
la  Kegenit-:  and  thin  oounlry  in  tailed  by  many  '  I.a  Frao;ai«,'  and 
even  by  the  Portuguefe  themselri'*.  Itf  end  i»  tuwani*  Florida,  under 
TS"  west  and  .IS"  north.  The  inhabiunU  of  thii  country  an  a  Tery 
pleasant,  tractable,  and  peaceable  people.  The  country  aboundi  with 
all  sort^  of  fruits.  There  grow  orangen,  almonds,  wild  grap«*.  and 
many  other  fruits  of  o<loriferous  trees.  The  country  it  named  by  the 
natives  ■  Norumbega,' and  between  it  an<l  Rraiil  is  agrrmi  gulf  in  which 
are  the  islands  of  the  West  Indies  iliscovered  by  the  .<panianis."t 

This  rcmarkiible  pa&sagc  is,  no  doubt,  hi.siorii'ally  ax  well 
as  gcfigniphically  correct,  and  overtunis  the  theories  of 
some  of  our  English  writers  with  regard  to  the  discovery 
of  this  country,  and  the  nation  to  whom  that  honor  be- 
longs.]; It  was  known  to  the  Portuguese,  the  Spanish,  and 
the  French  navigators,  who  made  various  voyagi*  to  the 
northern  part  of  the  coast  during  the  fir^st  half  of  the  six- 
teenth century.  The  latter  nation  laid  claim  t'l  the  country 
.southwc-itward  from  the  Gulf  of  St.  Lawn^nce,  including 
Cape  Breton,  Nova  Scotia,  and  Maine,  and  their  right  i<c«?ms 
to  have  been  generally  recogni»xl  by  the  other  natiiin.<<  of 
Continental  Europe.  It  is  called  New  France  in  all  the 
earlier  charts  and  collections,  and  al.-<o  in  the  I^tin  geogra- 
phy of  John  De  Laet.  which  was  published  at  Leyden  as 
late  a.s  ll>14.;i  Andre  Thevct,  a  French  navigator,  viaitcd 
the  Penobscot  in  1 556.  He  give*  the  following  deacriptioo 
of  his  entrance  into  that  river: 

■  Here  we  entered  a  river  which  is  one  of  the  finest  in  the  world. 
We  call  it  Nnrambega.  It  is  marked  on  some  charts  as  Uraod  River. 
The  natives  call  it  Agoncy.  fpon  its  banks  the  French  formrrly 
erected  a  small  fort,  about  ton  leagues  from  its  mouth.  It  was  calM 
the  Fort  of  Xoruiubega.  an<l  surrounded  by  fr<->h  water."] 

We  learn  from  this  that  the  French,  at  a  very  early  day, 
claimitl  the  eastern  part  of  Maine ;  that  chart;*  had  been 
made  of  its  ci>ast  and  principal  rivers  ;  and  that  they  had 

t  Ibid.,  p.  2.11. 

♦  Folsom  says  (Saeo  and  Biddeford,  p.  9).  "The  dijcovery  of  S»w 
England  may  justly  be  ascribed  to  Bartholomew  liofnold.  an  enter- 
prising and  intelligent  navigator,  who,  in  the  yc«r  \6v2,  performed  a 
voyage  to  this  part  of  North  America,  kt/urt  .^knixm  lo  ti<  orilitrd 
KorW."  He  also  says  i  page  li  i.  "  The  French  were  aomewbat  htkimJ 
the  English  in  making  voyages  of  diacovery  to  the  Americaii  eoBli- 
neoU"  The  truth  is,  they  were  nearly  a  eenlory  «*«>■<  of  then,  if 
we  exi-ept  the  voyages  of  the  CaboU,  who,  so  far  aa  we  know,  serely 
passed  by  the  const  .f  New  England,  without  teUing  foot  on  any  por- 
tion of  it. 

\  Xovus  Orbis    New  World  j,  etc..  lib.  ii.  c.  1». 
Singularities  of  .Antarctic  Fran 

9 


Iberwise  called  America. 


HISTORY  OF   YORK   COUNTY,  MAINE. 


built  a  fort  upon  the  Penobscot,  ten  leagues  above  its  mouth, 
before  the  year  1556. 

The  first  movement  of  the  French  towards  the  establish- 
ment of  a  colony  in  this  territory  was  made  near  the  begin- 
ning of  the  seventeenth  century.     On  the  8th  of  November, 

1603,  Henry  IV.  of  France  granted  to  De  Monts  the  charter 
of  Acadia,  embracing  all  the  country  on  the  North  American 
coast  from  the  fortieth  to  the  forty-sixth  degrees  of  north 
latitude.  There  can  be  no  doubt  but  that  the  English 
charter  of  1606  was  an  infringement  upon  this  grant,  the 
French  having  the  prior  right  as  the  discoverers  and  occu- 
pants of  the  country.  De  Monts  having  obtained  a  com- 
mission as  Lieutenant-General  of  New  France,  fitted  out  his 
expedition  for  the  establishment  of  a  colony  in  Acadia  in 

1604.  He  was  accompanied  by  Samuel  de  Champlain,  who 
four  years  later  founded  the  city  of  Quebec,  and  who  had 
previously  explored  the  river  St.  Lawrence. 

Champlain  was  commissioned  to  join  the  expedition  of 
De  Monts  as  royal  geographer,  with  instructions  to  make 
discoveries,  prepare  maps  and  charts,  and  i-eport  directly  to 
the  crown.  He  remained  three  years  in  the  Gulf  of  Maine, 
faithfully  executing  these  orders  under  cii-cumstances  of 
great  hardship  and  peril ;  and  the  record  he  has  left  is  a 
marvel  of  accuracy,  patience,  and  indomitable  courage.  The 
entire  coast  line  of  Maine  was  reconnoitred  and  described, 
and  charts  made  of  the  principal  harbors,  which  were 
published  in  Paris,  under  his  own  personal  supervision,  in 
1613. 

The  expedition  of  De  Monts  was  prepared  with  great 
deliberation,  and  its  composition  arranged  with  thoughtful 
reference  to  the  needs  and  possibilities  of  the  future  colony. 
The  company  numbered  on  its  rolls  soldiers  inured  to  for- 
eign service,  sailors  who  were  familiar  with  American 
waters,  skilled  mechanics,  and  gentlemen  of  rank.  De 
Monts  sailed  from  Havre  de  Grace  on  the  7th  of  April, 
1604,  in  a  ship  commanded  by  Capt.  Timothee,  in  com- 
pany with  the  Sieurs  de  Poutrincourt,  Champlain,  and 
other  gentlemen.  On  the  10th  of  April,  the  other  vessel, 
commanded  by  Capt.  Morel,  of  Honfleur,  with  the  Sieur 
de  Pont-Grave  and  the  rest  of  the  company,  sailed  with 
stores  to  join  De  Monts  at  Canseau,  which  had  been 
selected  as  the  place  of  rendezvous.  While  at  sea  De 
Monts  changed  his  purpose,  and  directed  his  course  ftr- 
ther  to  the  westward.  On  the  1st  of  May  he  sighted 
Sable  Island,  on  the  8th  the  mainland  at  Cape  la  Heve, 
and  on  the  10th  made  a  harbor  at  the  present  Liverpool, 
called  by  him  "  Port  Rossignol."  On  the  13th  the  party 
disembarked  at  "  Port  au  Mouton,"  and  proceeded  to  erect 
shelters,  having  determined  to  await  here  the  arrival  of  their 
consort,  in  search  of  whom  a  small  party  was  sent  towards 
Canseau  in  a  shallop,  with  letters  of  advice. 

On  the  19th  of  May,  Champlain,  accompanied  by  the 
Sieur  Ralleau,  secretary  of  De  Monts,  and  two  men,  left 
"  Port  au  Mouton"  for  the  purpose  of  making  a  reconnois- 
sance  of  the  coast.  He  rounded  Cape  Sable  and  skirted 
the  western  shore  of  Nova  Scotia  to  nearly  the  present  site 
of  Annapolis,  and  then  returned  to  "Port  au  Mouton" 
about  the  middle  of  June.  On  the  following  day  the  com- 
pany, now  increased  by  the  arrival  of  the  other  vessels, 
abandoned    their    temporary    shelters,    and    following    the 


course  which  Champlain  had  taken,  diligently  explored 
the  south  and  north  shores  of  the  Bay  of  Fundy,  but 
without  determining  upon  a  place  for  their  settlement.  Pro- 
ceeding westward  from  the  mouth  of  the  St.  John,  they 
discovered  the  cluster  of  islands  now  known  as  "  The 
Wolves,"  and  the  island  of  Grand  Menan,  called,  as 
Champlain  says,  by  the  natives,  "  Manthane."  Passing 
by  the  present  site  of  Kastport,  they  entered  Passama- 
quoddy  Bay,  and  ascending  the  St.  Croix  River,  disem- 
barked on  an  island  and  began  the  necessary  preparations 
for  their  winter's  residence.  The  settlement  called  the 
"  Holy  Cross,"  which  gave  its  name  to  the  river,  was  the 
first  attempt  to  plant  a  colony  on  the  shores  of  Maine. 
The  island  on  which  it  was  made  is  now  called  Neutral  or 
De  Monts'  Island. 

On  the  last  day  of  August,  De  Poutrincourt  was  sent 
back  to  France  with  Secretary  Ralleau,  the  former  to  make 
arrangements  for  his  adventure  at  Port  Royal,  the  latter  to 
put  in  order  some  of  the  afliiirs  of  the  company.  What 
follows  we  give,  as  far  as  space  will  allow,  from  Gen. 
Brown's  excellent  translation  of  Champlain's  own  account: 

"After  the  departure  of  the  vessel  the  Sieur  de  Monts  determined 
to  send  an  expedition,  without  loss  of  time,  along  the  coast  of  Norum- 
berjite,  and  this  he  committed  to  my  charge,  which  was  much  to  my 
liking.  To  this  end  I  left  St.  Croix  the  2d  of  September,  1604,  with 
a  jniUache  of  seventeen  or  eighteen  tons,  twelve  sailors,  and  two  sav- 
ages as  guides.  This  day  we  found  the  vessels  of  the  Sieur  de  Pou- 
trincourt, which  were  anchored  at  the  mouth  of  the  river  on  account 
of  the  bad  weather,  and  from  this  spot  we  could  not  move  until  the 
.5th  of  the  same  month,  and  then,  when  two  or  three  leagues  at  sea, 
the  fog  came  up  so  thickly  that  we  soon  lost  their  vessels  from  sight. 
Continuing  our  course  along  the  coast  we  made  this  day  some  twenty- 
five  leagues,  and  passed  by  a  great  quantity  of  islands,  shallows,  and 
reefs,  which  extend  seaward  in  places  more  than  four  leagues.  We 
have  named  the  islands  '  Les  Isles  Raiiyees.'  .  .  .  This  same  day  we 
passed  quite  near  an  island,  which  is  some  four  or  five  leagues  long, 
and  were  nearly  lost  on  a  little  rock  just  under  water,  which  made  a 
small  hole  in  our  bark  near  the  keel.  .  .  .  The  island  is  very  high, 
and  so  cleft  in  places  that  at  sea  it  appears  as  if  seven  or  eight  moun- 
tains were  ranged  side  by  side.  ...  I  have  named  this  island  '  L'Isle 
tics  Mouts-deserts  ,•'  its  latitude  is  44i°.  The  next  morning,  6th  of 
September,  we  made  two  leagues,  and  perceived  a  smoke  in  a  creek 
which  was  at  the  foot  of  the  mountains,  and  saw  two  canoes  propelled 
by  savages,  who  came  within  musket-shot  to  reconnoitre  us." 

This  narrative  of  Champlain's  is  exceedingly  interesting, 
because  it  names  and  locates  many  places  on  the  coast  now 
quite  familiar  to  the  modern  traveler.  At  Mount  Desert, 
on  the  southwestern  side  of  which  he  appears  to  have 
anchored  and  stayed  overnight,  he  had  an  interview  with 
the  savages,  who,  after  receiving  presents  in  exchange  for 
fish  and  game,  consented  to  guide  them  to  their  home  at 
Peimtegouet,  where  they  said  their  chief,  Bessabez,  was. 
Referring  to  the  Penobscot,  he  says, — 

"  I  think  this  river  is  the  same  called  by  several  pilots  and  histo- 
rians Nontmbeijne,  and  which  has  been  described  by  most  of  them  as 
broad  and  spacious,  with  very  many  islands,  with  its  entrance  in  43° 
to  43i°  of  latitude,  or,  according  to  others,  in  44°  more  or  less.  As 
fur  the  longitude,  I  have  never  read  or  heard  any  one  speak  of  it. 
They  say,  also,  there  is  a  great  city  well  peopled  with  savages,  adroit 
and  skillful,  and  used  to  the  manufacture  of  cotton.  I  am  sure  that 
most  of  those  who  speak  of  these  things  have  never  seen  them,  and 
derive  their  authority  from  men  who  know  no  more  than  themselves. 
I  am  ready  to  believe  there  are  some  who  have  seen  the  mouth  of  the 
river  {i.e.,  the  bay),  because  there  are  a  great  many  islands  there,  and 
it  is  in  44°.  But  there  is  no  appearance  of  .any  one's  having  entered 
there,  for  they  would  have  described  it  in  quite  another  fashion  in 


EARLY    DISCOVERIES    AND   SETTLEMENTS. 


order  to  riil  many  of  the  doubt.  I  sliiill,  tlierul'orc,  niin-atu  truly  illl 
th-.t  I  have  discnvereil  .and  seen  IV.mu  the-  bcKinniiij;  .is  fur  as  I  hav... 
been." 

Champlain  then  describes  in  great  detail  the  physical  fea- 
tures of  Penobscot  Bay,  which  he  makes  extend  from  Mount 
Desert  on  the  east  to  the  promontory  of  Bedabedee  on  the 
west, — the  present  Owl's  Head.  Midway,  and  out  at  sea, 
he  describes  that  singularly  picturesque  island  named  by 
him  Isle  Haute, — a  name  it  still  bears.  Fish  of  all  kinds 
abound,  and  game,  which  make  the  numerous  islands  a 
frequent  resort  for  the  natives  during  the  season.  On  the 
western  shore  are  the  mountains  of  Bedabedec,  the  Camden 
Hills  of  the  present  day,  and  everywhere  are  wooded  islands, 
low-lying  rocks,  and  dangerous  reefs.  With  the  scrupulous 
care  which  characterizes  him  everywhere,  he  gives  the  neces- 
sary directions  for  entering  the  head-waters  of  the  bay.  Take 
the  following : 

"  Coming  to  the  south  of  the  Isle  Haute,  and  ranging  along  the 
shore  for  a  quarter  of  a  league,  where  are  some  rocks  just  out  of  water, 
and  then  beading  to  the  west  until  you  open  all  the  islands  which  lie 
to  the  north  of  this  island,  and  you  may  be  sure  that  when  you  see 
the  eight  or  nine  summits  of  Isle  des  Monts-Deserts  and  the  heights 
of  Bedabedec  you  are  directly  opposite  the  river  of  Norumbegue ;  to 
enter,  you  must  head  to  the  north  towards  the  very  high  mountains 
of  Bedabedec,  and  you  will  see  no  islands  before  you,  and  can  enter 
safely  with  plenty  of  water." 

Entering  the  bay,  Champlain  proceeded,  under  the  guid- 
ance of  the  savages,  to  the  narrows  at  the  mouth  of  the 
river,  and  ascended  the  river  to  the  mouth  of  the  Ken- 
duskeag,  at  the  present  site  of  Bangor.  Here  the  party 
met  Bessabez,  the  chief  of  the  tribe  of  that  region,  and 
Cabahis,  who  had  jurisdiction  of  a  tribe  to  the  westward. 
There  was  great  stir  among  the  natives  at  the  sight  of  the 
strangers,  dancing  and  singing,  and  much  consumption  of 
tobacco.  But  Cabahis  drew  himself  apart  from  the  noisy 
throng  for  a  while,  because,  as  the  narrative  says,  "  it  was 
the  first  time  he  had  ever  seen  a  Christian." 

The  day  following,  which  was  the  17th  of  September, 
Champlain  took  the  altitude,  and  found  45°  25'  north  lati- 
tude. He  then  began  the  descent  of  the  river,  and  so  con- 
tinued coasting  westward.  At  what  has  been  judged  to  be 
St.  George's  River  the  native  guides  left  them  because  the 
savages  of  the  Quinbequy  were  their  enemies.     Champlain 

"  We  ranged  along  the  coast  some  eight  leagues  to  the  westward  as 
far  as  an  island  distant  some  ten  leagues  from  the  Quinbequy,  where  ■ 
we  were  obliged  to  stop  on  account  of  bad  weather  and  contrary 
winds;  in  one  part  of  our  route  we  passed  a  quantity  of  islands  and 
breakers,  very  dangerous,  and  shelving  out  into  the  sea  some  leagues." 

At  this  point  the  weather,  head-winds,  and  scarcity  of 
provisions  compelled  our  hardy  adventurers  to  retrace  their 
steps.  On  the  23d  of  September,  three  weeks  after  leaving 
St.  Croix,  they  set  out  on  their  return,  and  in  nine  days 
after  were  greeted  by  their  companions.  The  little  band  at 
St.  Croix  had  busied  them,selves  in  making  preparations  for 
the  winter.  They  were  scanty  enough  for  the  inclement 
season,  and  disease  of  a  virulent  type  soon  broke  out  among 
them  ;  before  spring  set  in  the  little  cemetery  on  the  island 
had  in  it  thirty-five  graves.  De  Mouts  resolved  to  abandon 
his  plantation  and  return  to  France;  but  on  the  15th  of 
June  the  little  company  was  gladdened  by  the  arrival  of 
two  ships  from  France  bringing  men  and  pro\ 


"  On  the  17ih  of  the  month"  (says  Champlain)  "the  Sieur  de  Monts 
decided  to  seek  for  a  place  better  suited  for  habitation  than  nurs,  and 
on  the  18th  he  left  the  Island  of  St.  Croix,  with  some  gentlemen, 
twenty  sailors,  and  two  savages,  Panounias  and  his  wife,  whom  he  did 
not  wish  to  leave  behind,  and  whom  we  took  with  us  as  a  guide  to  the 
country  of  the  AtmoMchiquoin,  hoping  by  means  of  her  to  see  and 
learn  more  of  the  country,  for  she  was  a  native  of  it." 

In  this  second  voyage  Champlain  and  his  party  sailed 
westward  to  the  mouth  of  the  Sheepscol  River,  which  they 
ascended  to  its  head,  probably  at  the  site  of  what  is  now 
Wiscasset.  On  the  way  up  the  river  they  narrowly  escaped 
being  lost  on  a  rock  which  their  vessel  grazed  in  passing ; 
farther  on  they  met  some  savages  in  two  canoes,  who  were 
accosted  by  the  aid  of  the  wife  of  their  guide,  and  induced 
to  conduct  the  party  to  their  chief,  Manthoumermer,  whose 
village  was  at  the  head  of  the  river.  Here  they  met  the 
chief  and  some  twenty-five  or  thirty  savages  ;  the  conference 
resulted  amicably,  and  a  treaty  of  alliance  was  entered  into 
between  the  natives  and  the  French.  The  former  conducted 
Champlain  and  his  party  down  the  river  on  the  following 
morning.  Passing  some  islands,  each  of  the  savages  left  an 
arrow  near  the  cape  by  which  all  must  pass,  assigning  as  a 
reason  for  this  custom  that  unless  they  did  it  the  evil  spirit 
would  bring  about  some  misfortune. 

"  Near  this  cape,"  says  Champlain,  "  we  passed  a  fall  of  water;  but 
it  was  not  done  without  great  difficulty,  for,  although  we  had  a  fair 
and  fresh  wind,  and  carried  all  the  sail  we  possibly  could,  we  were 
obliged  to  take  a  hawser  ashore  and  fasten  it  to  the  trees,  and  then 
pull  with  all  our  strength,  and  thus  by  main  force  and  the  favoring 
wind  we  got  through.  The  savages  who  were  with  us  carried  their 
canoes  along  the  shore,  being  unable  to  make  headway  with  their  pad- 
dles. After  having  passed  the  fall  we  saw  beautiful  meadow-lands.  I 
was  much  astonished  at  this  fall  because  we  descended  easily  with  the 
tide,  but  at  the  fall  it  was  against  us,  but  above  the  fall  it  ebbed  as 
before,  much  to  our  satisfaction." 

Says  General  Brown  in  commenting  upon  this  passage, — 

•'  It  is  evident  that  Champlain  ascended  the  Sheepscot  to  the  northern 
extremity  of  Westport,  descended  the  river  on  the  west  side  of  the 
island,  passed  close  to  wh.at  is  now  Hockamock  Point,  pulled  the 
vessel  through  upper  Hellgate,  and  so  entered  the  Kennebec  proper, 
and  passed  on  to  Merrymeeting  Bay.  The  descent  was  made  by  the 
true  channel  to  the  site  of  Fort  Popham,  where  they  probably  anchored, 
unless  they  made  a  harbor  a  little  farther  to  the  westward." 

Coasting  to  the  westward,  the  vessel  of  Champlain  next 
came  to  anchor  oS'  Old  Orchard  Beach,  and  inside  of 
Stratton's  Island.  Here  they  saw  a  large  number  of  natives 
on  the  main  shore,  with  whom  they  held  a  friendly  confer- 
ence. They  visited  Wood  Island,  which  Champlain  named 
"  L'Isk  de  Bacchus,"  on  account  of  the  grapes  which  he 
found  there,  the  first,  he  says,  he  had  seen  after  leaving 
"  Cape  la  Hive."  "  At  high  water,"  Champlain  continues, 
"  we  weighed  anchor  and  entered  a  little  river  (the  Saco), 
which  we  could  not  do  sooner  on  account  of  a  bar,  on  which 
at  low  tide  there  is  but  one-half  a  fathom  of  water,  but  at 
the  flood  a  fathom  and  a  half,  and  at  the  spring  tide  two 
fathoms ;  within  are  three,  four,  five,  and  six  fathoms," — 
a  very  accurate  description  of  the  physical  features  appar- 
ent to  this  day.  Champlain,  with  his  customary  exactness, 
enters  into  minute  details  of  the  habits,  appearance,  and 
character  of  the  people.  The  river,  he  says,  was  called 
the  river  of  the   Chouaevet*  country.      They  landed  and 


Pronounced  awaw-co, — very  nearly  the  sound  of  the  present  ] 


HISTORY   OF   YORK    COUNTY,  MAINE. 


examined  tlie  little  gardens  of  the  inhabitants ;  Cham- 
plain  and  De  Monts  were  interested  in  the  culture  of 
maize.  "  They  plant,"  says  the  narrative,  "  in  gardens,  sow- 
ing three  or  four  grains  in  one  spot,  and  then  with  the 
shell  of  the  signoc  they  gather  a  little  earth  around  it ; 
three  feet  from  that  they  sow  again,  and  so  on." 

We  can  scarcely  improve  even  now  on  this  method  of 
planting  corn,  which  Champlain  calls  '■  wheat  of  India." 
The  shell-hoe  used  by  the  natives,  which  Champlain  calls 
the  signoc,  was  probably  the  curious  shell  of  the  horseshoe- 
crab,  and  those  familiar  with  it  can  easily  understand  how 
serviceable  it  may  have  been  in  their  simpler  gardening 
operations,  particularly  in  the  soft  sandy  soil.  Champlain 
made  a  chart  of  this  harbor,  giving  all  the  prominent 
features  of  the  coast  and  river  line,  with  soundings,  just 
as  he  had  conscientiously  done  before  at  the  Kennebec,  the 
St.  Croix,  on  the  shores  of  the  Bay  of  Fundy,  and  Nova 
Scotia.  These  were  all  studies  for  the  maps  which,  as 
Royal  Geographer,  it  was  his  special  mission  to  prepare. 

On  Sunday,  the  11th,  the  little  company  left  Chouacoet, 
making  some  twenty  miles  to  the  westward,  where,  on  ac- 
count of  contrary  wind,  they  were  compelled  to  anchor ; 
on  the  main  shore  they  saw  two  natives,  who  fled  at  their 
approach.  They  describe  the  country  here  as  abounding  in 
meadow-lands  of  great  extent,  wild  grapes,  walnuts,  and 
luxuriant  verdure.  The  wind  continuing,  they  retraced 
their  course  six  miles,  and  found  a  harbor  at  Cape  Por- 
poise, which  Champlain  calls  Port  aux  Isles,  on  account  of 
the  three  islands  which  furnish  shelter  there.  He  also 
notices  the  entrance  to  Kennebunk  River,  and  gives  a  cor- 
rect description  of  the  harbor,  with  such  sailing  directions 
as  would  make  the  passage  easy  to  any  navigator  who  might 
follow  him.  His  computation  of  the  latitude  of  this  point 
is  within  five  one-hundredths  of  a  degree.  On  the  15th  of 
the  month  they  proceeded  upon  their  journey,  coasting 
along  the  sea-beaches  of  Wells,  York,  and  Hampton,  pass- 
ing the  Merrimac  and  its  surrounding  marshes,  which,  in 
the  dim  twilight,  seemed  like  a  great  bay  ;  they  caught 
glimpses,  in  the  east,  of  the  Isles  of  Shoals,  and  at  last 
anchored,  under  the  shelter  of  Cape  Ann,  to  await  the  day. 
In  their  progress  farther  southward  they  crossed  Massa- 
chusetts Bay,  entered,  on  the  18th,  the  harbor  in  which, 
fifteen  yeare  later,  the  Pilgrim  Fathers  found  their  home, 
rounded  the  sandy  promontory  of  Cape  Cod,  and  terminated 
their  southward  journey  at  what  is  now  Nauset.  To  Cape 
Cod,  Champlain  gave  the  appropriate  designation  of  Cap 
Blanc, — the  white  cape. 

On  the  25th  of  July,  De  Monts,  finding  his  stores  rap- 
idly diminishing,  decided  to  return  to  St.  Croix.  On  his 
return  he  stopped  again  at  Saco,  and  here  had  an  interview 
with  Marchim,  the  sagamore  of  Casco  Bay,  "  who  had  the 
reputation  of  being  one  of  the  bravest  men  of  his  country, 
and  he  had  a  fine  manner,  and  all  his  gestures  and  move- 
ments were  grave  and  dignified,  savage  though  he  was." 
They  gave  him  presents,  and  he,  in  turn,  gave  them  a  young 
Etechemin,  from  the  eastward,  an  Indian  boy,  whom  he  had 
made  prisoner  in  some  foray.  From  the  Saco  they  pro- 
ceeded to  the  Kennebec,  arriving  there  on  the  29th  of  July. 
Here  they  had  an  interview  with  a  chief  named  Annassou. 
Champlain  says, — 


"  He  tolil  us  there  was  a.  vessel  six  leagues  from  the  harbor,  which 
iiad  been  engaged  in  tishing,  and  the  people  on  board  had  killed  five 
savages  of  this  river,  under  the  pretense  of  friendship,  and  according 
to  his  description  we  judge  them  to  be  English,  and  named  the  island 
where  they  were  '  Le  Nrf'  because  at  a  distance  it  had  that  appear- 
ance." 

(That  is,  it  looked  like  the  hull  of  a  ship.)  The 
island  was  Monhegan,  and  the  vessel  referred  to  the 
"Archangel,"  under  Capt.  George  Weymouth.  This  is  the 
only  allusion  made  by  Champlain  to  any  contemporary 
English  discoveries  on  the  whole  coast,  so  far  as  his  explo- 
rations extended. 

Leaving  the  Kennebec,  Champlain  and  his  company 
returned  to  St.  Croix,  where  they  arrived  on  the  2d  of 
August,  and  found  a  vessel  and  supplies  from  France. 

Dissatisfied  both  with  his  settlement  at  St.  Croix,  and 
his  discoveries  to  the  south  and  west  along  the  coast,  De 
Monts  now  determined  to  transport  his  colony  to  Port 
Royal.  He  himself  returned  to  France.  Champlain  re- 
mained to  complete  his  discoveries,  his  desire  being  to 
extend  them  in  the  direction  of  Florida.  On  the  1st  of 
March,  1606,  the  Sieur  du  Pont-Grave  fitted  out  a  vessel 
of  about  eighteen  tons ;  on  the  16th  they  set  sail,  but  were 
obliged  to  seek  a  harbor  on  an  island  to  the  south  of  Grand 
Menan.  On  the  following  day  they  encountered  a  severe 
storm,  which  drove  them  ashore,  and  after  repairing  their 
bark  they  returned  to  Port  Royal.  On  the  29th  of  April 
they  made  another  attempt,  only  to  meet  with  fresh  disas- 
ters ;  at  the  entrance  to  Port  Royal  they  were  wrecked, 
losing  their  vessel,  and  running  imminent  risk  of  their  lives. 
Disheartened  at  these  disasters  and  the  non-appearance  of 
the  vessels  which  were  expected  with  supplies,  Du  Pont 
decided  to  return  to  France,  and  on  the  16th  of  July  they 
abandoned  Port  Royal,  leaving  two  men  who  had  bravely 
volunteered  to  remain  and  guard  the  property  which  was 
left  behind.  After  having  rounded  Cape  Sable,  however, 
they  were  gladdened  by  the  sight  of  a  shallop,  in  which  was 
Sieur  Ralleau,  secretary  of  De  Monts.  He  announced  the 
arrival  of  the  "Jonas,"  a  vessel  bringing  new  accessions  to  the 
colony,  under  the  command  of  Poutrincourt,  among  others 
the  versatile  advocate  Lesearbot,  the  future  historian  of  New 
France.  So  they  gladly  retraced  their  steps,  and  on  the 
31st  of  July  arrived  once  more  at  Port  Royal.  While  the 
new-comers  set  to  work  with  commendable  vigor  to  make 
preparations  for  their  stay,  Du  Pont  decided  to  return  to 
France,  and  to  take  with  him  all  the  company  who  had 
spent  the  previous  winter  in  the  colony.  A  few  desired  to 
remain,  and  among  the  number  was  Champlain,  who  says, — 

'*  I  remained  also,  with  the  Sieurde  Poutrincourt,  intending,  b}'  the 
grace  of  God,  to  finish  and  perfect  the  chart  which  I  had  commenced 
of  the  country  and  the  coast," 

In  this  third  voyage  the  company  left  Port  Royal  ou  the 
5th  of  September,  1608,  and,  after  visiting  the  St.  Croix 
and  Kennebec,  arrived  at  Saco  River  on  the  21st.  No  in- 
cident of  interest  is  mentioned  in  the  narrative  in  connec- 
tion with  their  landing  here,  except  that  the  Indians  had 
finished  their  harvest. 

From  this  point  they  made  Cape  Ann,  and  so  to  the 
southward.  In  a  conflict  with  the  natives  they  lost  several 
of  their  company.  On  the  2Sth  of  October  they  set  sail 
from  Malabarre  for  the  Isle  Haute,  on  their  return  voyage. 


EARLY    DISCOVERIES    AND  SETTLEMENTS. 


ell  as  on  the  banks  of  i\ 
be  preserved  in  the  gri 


On  the  31st,  between  Mount  Desert  and  the  mouth  of  the 
Machias,  they  lost  their  rudder,  and  were  in  imminent  peril. 
With  much  ingenuity  they  succeeded  in  reachini;  a  harbor, 
but  not  until  the  14th  of  November,  after  many  dangers 
and  disasters,  did  they  reach   Port  Royal. 

Thus  closes  our  hasty  account  of  the  services  to  geo- 
graphical science  of  a  very  remarkable  man,  whose  three 
voyages  of  discovery  furnish  the  first  intelligible  contribu- 
tion to  the  cartography  of  Maine.  In  the  language  of  the 
translator  of  his  narrative,  J.  Marshall  Brown,  of  Portland, 
whose  valuable  paper  we  have  substantially  followed  in  the 
account  of  these  voyages, — 

"  His  monument  is  here,  ai 
Lawrence,  and  his  memory  \ 
on  our  coast,  which  bear  the  names  he  gave  them  two  hundred  and 
seventy  years  ago." 

The  colony  planted  at  Port  Royal  (now  Annapolis,  Nova 
Scotia)  continued  to  prosper  for  a  time;  from  it  originated 
the  second  settlement  by  the  French  on  the  coast  of  Maine, 
— the  mission  at  Mount  Desert  founded  by  the  two  Jesuit 
priests.  Fathers  Biard  and  Masse.  These  priests  had  been 
brought  from  France  to  Port  Royal  by  Biencourt  in  1(308, 
to  take  charge  of  the  spiritual  interests  of  the  plantation, 
and  had  assumed  to  exercise  a  controlling  influence  in  civil 
affairs ;  for  this  cause  a  quarrel  ensued  between  them  and 
the  Governor  which  resulted  in  their  separation  from  the 
colony.  They  went  to  Mount  Desert,  where  in  1609  they 
established  the  mission  of  St.  Sauveur,  planted  gardens, 
laid  out  grounds,  and  entered  with  zeal  upon  the  work  of 
preaching  their  faith  to  the  natives  in  that  vicinity.  Prior 
to  1613  the  French  had  built  a  small  fort  at  the  mouth  of 
the  Penobscot.  Their  disposition  to  occupy  the  country 
farther  west  aroused  the  alarm  of  the  English  colony 
established  in  Virginia,  and  in  1613  they  sent  Capt.  Ar- 
gall  to  drive  out  the  French,  who,  in  the  summer  of  that 
year,  seized  their  forts  at  Mount  Desert,  St.  Croix,  and 
Port  Royal,  and  carried  their  vessels  and  ordnance,  together 
with  their  cattle  and  provisions,  to  Jamestown.  The  power 
of  the  French  in  this  quarter  was  thus  interrupted  for 
several  years.  The  conflicting  claims  growing  out  of  the 
French  and  English  charters  inaugurated  a  series  of  wars 
which  were  perpetuated  between  the  colonies  of  the  two 
nations,  enlisting  on  one  side  and  the  other  the  savage 
ferocity  of  the  Indian  tribes,  for  more  than  a  hundred  and 
fifty  years,  and  were  never  finally  settled  till  the  conquest 
of  Canada  by  the  English,  in  1760.  Between  the  province 
of  Maine  and  the  French  colony  of  Acadia  the  situation 
was  about  as  follows :  the  English  occupied  the  country 
exclusively  as  far  east  as  the  Kennebec,  and  the  French, 
except  when  dispossessed  by  treaty  or  actual  force,  had  ex- 
clusive occupation  as  far  west  as  the  Penobscot.  The  coun- 
try between  these  two  rivers  was  debatable  land,  both  parties 
continually  claiming  it,  and  each  occupying  it  at  intervals. 
In  the  commission  to  the  French  Governor  before  the  treaty 
of  Utrecht,  in  1713,  Acadia  is  described  as  extending  to 
the  Kennebec  River,  and  the  whole  was  then  ceded  to  the 
English.  But  in  the  construction  of  that  treaty  the  French 
restricted  the  territory  to  Nova  Scotia. 

After  the  expeditions  of  the  Cabots,  1497-98,  the  Eng- 
lish made  little  eflfort  to  discover  or  acquire  territory  in  the 


new  world  for  more  than  a  century.  In  1602,  Gosnold 
sailed  along  the  coast  of  Maine,  and  in  1603,  Martin  Pring 
discovered  Penobscot  and  Casco  Bays,  and  sailed  up  the 
Saco  River  to  the  falls.  The  voyage  of  George  Weymouth, 
in  1605,  was  the  first  attempt  which  had  been  made  by 
English  navigators  to  sail  due  west  from  England  to  the 
coast  of  North  America.  His  course  brought  him  to  Mon- 
hegan  Island,  eighteen  miles  from  the  mainland  at  Booth- 
bay.  He  anchored  three  miles  north  of  the  island,  which 
he  named  St.  George's,  in  honor  of  his  patron  saint,  in  a 
harbor  which  he  called  Pentecost  Harbor.  The  vessel  in 
which  he  arrived  was  named  the  "  Archangel."  He  re- 
mained upon  the  coast  for  several  weeks,  proceeding  in  his 
pinnace  several  miles  up  a  "  most  excellent  river,"  and 
carrying  home  with  him  five  Indians,  whom  he  treacher- 
ously decoyed  into  his  vessel,  three  of  whom  he  gave  to  Sir 
Ferdinando  Gorges,  by  whom  one  of  them  was  sent  back 
in  1607,  with  Capt.  George  Popham. 

James  Rosier,  an  Engli.sh  gentleman,  who  accompanied 
Capt.  Weymouth  as  chronicler,  wrote  a  glowing  account  of 
the  newly-discovered  country  in  1605,  but  omitted  all  names 
and  observations  of  latitude  and  longitude,  in  order,  it  is 
said,  to  prevent  navigators  of  other  nations  from  seeking 
the  same  spot.  The  consequence  has  been  that  the  river 
has  been  guessed  to  be  the  Hudson,  the  James,  the  Saco, 
and,  more  recently,  the  Penobscot,  the  Kennebec,  and  the 
arm  of  the  sea  north  of  Monhegan,  running  up  to  South 
Thomaston,  and  known  as  the  St.  George's.  Capt.  Wey- 
mouth also  discovered  the  fishing-banks,  which  are  still 
known  as  the  George's  banks :  and  although  his  name  has 
failed  to  displace  the  old  Indian  name  of  Monhegan,  there 
has  been  a  strong  presumption  that  the  nameless  river 
which  he  found  might  still  wear,  like  the  banks,  the  name 
of  his  patron  saint.  Dr.  Belknap,  the  historian  of  New 
Hampshire,  however,  conjectured  that  Weymouth  had 
ascended  the  Penobscot  River,  and  this  opinion  was  gener- 
ally followed  until  the  late  John  McKeen,  of  Brunswick, 
suggested  that  Rosier's  description  better  fitted  the  Kenne- 
bec, and  a  few  years  later  Rev.  David  Cushman,  of  Warren, 
contended  that  the  St.  George's  River  was  intended. 

All  these  conjectures,  however,  were  set  at  rest  by  the  pub- 
lication, in  1849,  by  the  Hakluyt  Society  (and  afterwards 
by  the  Historical  Societies  of  Maine  and  JIassachusetts)  of 
William  Strachey's  account  of  the  Popham  settlement,  writ- 
ten not  later  than  1618,  and  preserved  in  manuscript  in  the 
British  Museum.  Strachey  was  the  secretary  of  the  Vir- 
ginia Company,  and  was  in  Virginia  from  1610  till  1612. 
He  says,  in  so  many  words,  that  Captain  Weymouth  made 
a  search  "  sixty  miles  up  the  most  excellent  and  beneficyall 
river  of  the  Sachadehoc."  But  the  Sagadahoc  is  only  an- 
other name  for  the  waters  of  the  Kennebec  below  Merry- 
meeting  Bay,  including  the  waters  which  flow  out  through 
the  passage  opposite  Bath  into  the  Sheepseot,  and  the 
Sheepscot  itself,  which  may  be  regarded  as  one  of  the 
mouths  of  the  Kennebec.  Thus  the  question  has  finally 
been  set  at  rest. 

The  expedition  of  Captain  Weymouth,  together  with  the 
active  movements  of  the  French  at  this  period,  served  to 
awaken  an  interest  in  England  in  the  colonization  of  North 
America;  and  in  April,  1606,  a  charter  was  obtained  from 


HISTOKY   OF   YORK   COUNTY,  MAINE. 


King  James  for  the  whole  extent  of  country  lying  between 
the  34th  and  44th  degrees  of  north  latitude.  This  large 
tract  was  divided  between  two  companies ;  the  first,  reach- 
ing to  the  41st  degree  of  north  latitude,  was  bestowed  upon 
a  London  company,  the  founders  of  the  settlement  at 
Jamestown,  Va. ;  and  the  northern  part  was  granted  to  a 
company  in  the  town  of  Plymouth.  Under  this  charter 
the  respective  companies  sent  out  colonies  in  1 607.  With 
the  one  destined  for  Virginia  we  have  nothing  to  do  in  this 
connection  ;  the  one  from  Plymouth,  destined  for  the  north- 
ern shores,  consisted  of  two  ships  and  one  hundred  and 
eight  men,  under  command  of  Captain  George  Popham  as 
president,  and  Captain  Rauleigh  Gilbert  as  admiral.  They 
sailed  from  Plymouth  on  the  31st  of  May,  and  arrived  at 
Monhegan,  on  the  coast  of  Maine,  August  11th,  and  thence 
continued  on  to  the  Kennebec,  where  they  planted  them- 
selves on  the  west  bank  of  the  river  upon  the  peninsula  now 
known  as  Hunnewell's  Point,  called  by  the  Indians  Sabino. 
This  was  the  first  English  colony,  not  merely  in  Maine,  but 
upon  the  whole  New  England  coast.  Here  they  erected 
Fort  St.  George,_on  the  site  of  which  the  United  States 
government  has  built  a  fort  called  Fort  Popham,  in  honor 
of  the  first  president  of  the  colony.* 

Although  the  ample  preparations  and  other  circumstances 
attending  the  expedition  show  that  the  adventurers  intended 
to  make  a  permanent  settlement,  yet  a  succession  of  pecu- 
liarly unfavorable  circumstances  terminated  the  hopes  and 
the  existence  of  the  colony  in  one  year  from  its  commence- 
ment. They  retired  from  the  contest  with  savage  and  in- 
hospitable nature,  not  without  strong  prejudices  against  the 
country,  feeling,  as  Capt.  Smith  expressed  it,  that  it  was 
"  a  cold,  barren,  rocky,  mountainous  desert."  Prince  says 
that  "  they  branded  the  country  as  over  cold,  and  not  habit- 
able by  our  natives." 

Capt.  Popham  died  during  the  winter,  which  was  one  of 
great  severity,  and  Rauleigh  Gilbert  was  obliged  to  return 
to  England. on  account  of  the  death  of  his  brother. 

From  this  time  for  several  years  little  was  done  on  the 
coast  of  Maine  except  fishing  and  trading  with  the  Indians. 
The  two  principal  actors  in  these  enterprises  were  Sir  Fran- 
cis Popham  and  Sir  Ferdinando  Gorges, — the  latter,  as  a 
future  ruler,  proprietor,  and  promoter  of  colonization,  de.?- 
tined  to  play  a  very  important  part  in  the  afl'airs  of  tlie 
country.  In  1(314  an  expedition  was  fitted  out  by  these 
gentlemen,  under  command  of  ('apt.  John  Smith,  '•  to  take 
whales,  and  also  to  make  trial  of  mines  of  gold  and  copper." 
If  these  failed,  "  fish  and  furs  were  then  to  be  their  refuge."| 
Smith  adds, — 

"We  found  this  wbiiK'-fisbing  to  be  a  very  costly  cunclusion  :  we 
saw  many  and  spent  much  time  in  chasing  them,  but  could  not  kill 
any ;  they  being  a  kind  of  jxibartea,  and  not  the  whale  that  yields 
fins  and  oil,  as  we  expected." 

They  were  also  disappointed  in  the  mines,  and  he  thinks 
the  representation  was  "  rather  the  device  of  the  master  to 
get  a  voyage,  than  any  knowledge  he  had  of  such  matters." 
During  this  voyage,  Capt.   Smith  left  his  vessel,  and  with 

®  In  August,  1S62,  the  Maine  Historical  f^ociety  ami  a  very  laige 
concourse  of  people  assembled  here  to  celebrate  the  two  hundred  and 
fifty-fifth  anniversary  of  the  planting  of  the  colony. 

f  Smith's  f 


eight  men  in  a  boat  traversed  the  whole  coast  from  the 
Penobscot  to  Cape  Cod.  He  describes  Casco  Bay,  and 
other  places  along  the  coast 

After  speaking  of  Casco  Bay,  under  the  name  of  Auco- 
cisco,  and  describing  it  as  '•  a  large  deep  bay  full  of  many 
great  islands,  he  comes  to  Sawoco-tuck,  in  the  edge  of  a 
large  sandy  bay,  which  hath  many  rocks  and  isles,  but  few 
good  harbors,  except  for  barks."  This  last- mentioned  river 
was  evidently  the  Saco,  from  which  the  last  syllable  j  if 
ever  really  attached  to  it)  was  sub.?equently  dropped. 

In  1615,  Capt.  Smith  was  again  employed  by  Gorges 
and  others  to  visit  New  England  with  a  view  of  beginning 
a  settlement ;  for  this  purpose  he  was  furnished  with  two 
ships  and  a  company  of  sixteen  men  as  emigrants.  But 
he  was  unsuccessful,  being  driven  back  to  port  in  a  violent 
storm  which  carried  away  his  masts ;  on  the  second  at- 
tempt he  was  captured  by  the  French.  It  does  not  appear 
that  this  celebrated  adventurer  came  to  America  after  1614. 
He  published  his  description  of  New  England  in  London, 
in  1616,  and  died  in  that  city,  in  1631.+ 

Every  year  after  this  vessels  were  sent  to  the  coast  to 
trade  with  the  natives  and  to  fish,  many  of  which  made 
profitable  voyages.  In  1615,  Sir  Richard  Hawkins  sailed 
from  England,  with  a  commission  from  the  Council  of  Ply- 
mouth to  do  what  service  he  could  for  them  in  New  Eng- 
land ;  but  on  his  arrival  here  he  found  a  destructive  war 
prevailing  among  the  natives,  and  passed  along  the  coast 
to  Virginia.^  In  1616,  four  ships  from  Plymouth  and  two 
from  London  made  successful  voyages  and  obtained  full 
cargoes  of  fish,  which  they  carried  to  England  and  Spain. 
Sir  Ferdinando  Gorges  also,  the  same  year,  sent  out  a  ship 
under  the  charge  of  Richard  Vimes,  who  afterwards  became 
prominent  in  the  early  history  of  Maine,  particularly  in 
that  portion  of  it  of  which  it  is  the  object  of  this  work 
especially  to  treat.  He  passed  the  winter  at  the  mouth  of 
the  Saco  River,  from  which  circumstance  the  place  received 
the  name  of  Winter  Harbor,  which  it  still  bears. 

The  next  settlement  planted  in  Maine  was  that  estab- 
lished by  Sir  Ferdinando  Gorges,  on  the  Island  of  Monhe- 
gan. in  1621.  This  plantation  was  established  as  a  fishing 
and  trading  post,  but  it  had  become  of  sufiicient  importance 
to  draw  thither  for  supplies  the  people  settled  in  ]\Iassa- 
chusetts  Bay,  during  the  hard  winter  of  1623. ||  This  was 
the  first  settlement  which  continued  for  any  considerable 
length  of  time  within  any  part  of  the  territory  of  Maine. 
We  find  also  that  a  settlement  was  commenced  at  New 
Harbor,  on  Pemaquid,  in  1625,  which  continued  to  in- 
crease without  interruption  till  the  destructive  war  of  1675. 1| 


CHAPTER    IL 


Sir  Ferdiiiandu  (iorges— His  Agency  in  Procuring  the  New  Charter 
—  Council  for  the  .Settlement  and  Government  of  New  England- 
Landing  of  the  Pilgrims — Summary  of  Grants  made  by  the  Council. 

A  NEW  movement  was  now  about  to  be  made  for  the 
more  effective  colonization  of  the  country.     Sir  Ferdinando 


%  Willis'  History  of  Portland.  ?  2  Prince,  p.  43. 


PATENTS  GRANTED  BY  THE  PLYMOUTH  COUNCIL. 


» 


Gorges,  whose  commercial  operations  on  the  coast  of  Maine 
had  ah-eady  become  conspicuous,  was  the  prime  mover  in 
a  petition  to  the  king  for  a  new  charter  prescribing  a  defi- 
nite extent  of  territory,  the  necessary  powers  and  privileges 
of  the  patentees,  and  giving  an  exclusive  right  to  the  soil 
and  to  the  management  of  the  fisheries  and  trade  within  its 
limits.  The  charter  was  granted  on  the  3d  of  November, 
1620,  its  corporators  consisting  of  forty  noblemen,  knights, 
and  gentlemen,  who  were  collectively  styled  "  The  Coun- 
cil   ESTABLISHED    AT    PLYMOUTH,    IN    THE    CoUNTY    OP 

Devon,  for  Planting,  Ruling,  and  Governing  New 
England  in  America."  Among  the  gentlemen  com- 
prising this  Council  were  the  Duke  of  Lenox,  the  Mar- 
quises of  Buckingham  and  Hamilton,  the  Earls  of  Pem- 
broke, Arundel,  Bath,  Southampton,  and  Warwick  ;  Sir 
Edward  Seymour,  Sir  Dudley  Driggs,  Sir  Perdinando 
Gorges,  Sir  Francis  Popham,  and  many  other  distinguished 
men  and  dignitaries,  designed  to  give  strength  and  charac- 
ter to  the  movement  in  view  of  which  public  attention 
was  largely  attracted  to  New  England. 

The  more  zealous  and  prominent  men  in  the  Council 
were  two  who  may  properly  be  placed  "at  the  head  of  the 
list.  One  was  Sir  Perdinando  Gorges.  He  had  been  presi- 
dent under  the  former  charter ;  his  many  years'  experience 
of  the  country,  through  his  various  agents,  had  given  him 
a  knowledge  of  New  England  which  no  other  member  pos- 
sessed ;  and  the  settlement  of  the  country  was  still  his  fa- 
vorite pursuit.  Capt.  John  Mason,  returning  home  about 
this  time  from  Newfoundland,  of  which  he  had  been  Gov- 
ernor, also  exhibited  great  courage  and  confidence  in  the 
cause ;  and  when  there  was  an  occasion  to  fill  an  early 
vacancy  in  the  Council,  he  was  elected  a  member  and 
became  the  secretary.* 

The  territory  granted  in  the  charter  embraced  all  the 
country  between  the  fortieth  and  forty-eighth  degrees  of 
north  latitude,  extending  from  the  Atlantic  to  the  Pacific 
Ocean.  It  included  in  width  the  whole  coast  line  between 
Pennsylvania  and  the  Bay  of  Chaleurs,  which  opens  into 
the  Gulf  of  St.  Lawrence. 

The  charter  of  1606,  and  all  the  settlements  made  and 
possessions  acquired  under  it,  were  expressly  recognized  by 
the  new  charter.  The  privileges  granted  in  the  former 
were  confirmed,  such  as  the  rights  of  citizenship,  the  ex- 
clusive trade  and  fisheries  within  the  limits  of  the  grant, 
importation  from  England  free  of  duty  for  a  period  of  seven 
years,  and  the  right  to  expel  all  intruders.  The  coining 
of  money  and  the  settlement  of  Catholics  was  prohibited 
in  the  colonies.  This  charter,  which  existed  upwards  of 
fourteen  years,  or  till  its  surrender  to  the  king,  in  1635,  is 
the  foundation  of  all  the  subsequent  patents  by  which  New 
England  was  at  first  divided,  and  its  settlements  and  colonies 
located  and  limited. 

In  order  to  clear  the  ground  of  difficulties  which  may 
otherwise  arise  in  our  future  history,  it  may  be  well,  before 
proceeding  further,  to  give  a  brief  summary  of  the  grants 
made  by  the  Plymouth  Council  during  the  period  of  its 
existence  as  a  body  corporate. 

It   may   be   remarked   here  that   the   movement  of  the 

=  Belknap's  New  Hampshire,  p.  14. 


Pilgrims,  which  resulted  in  their  settlement  at  Plymouth, 
Mass.,  had  no  connection  with  the  doings  of  the  Plymouth 
Council,  which  was  not  fully  organized  until  after  they  had 
undertaken  their  voyage.  Indeed,  the  charter  was  granted 
only  seven  days  previous  to  their  arrival  at  Plymouth  Rock, 
on  the  10th  of  November,  1620.  Without  any  concert 
with  the  patentees,  without  their  concurrence,  in  fact,  with- 
out any  design  of  their  own,  it  would  appear  they  had 
reached  a  place  on  the  shores  of  New  England,  in  the 
afiFairs  of  which,  and  of  the  county  at  large,  they  were  des- 
tined to  exert  a  controlling  influence.  This  company  of 
Pilgrims  started  from  Leyden,  Holland,  to  which  they  had 
before  removed  from  England,  determined  to  seek  security 
and  freedom  of  worship  in  the  wilderness  of  America.  In 
the  summer  of  1620  they  commenced  their  voyage  for  the 
Hudson,  designing  to  make  a  settlement  somewhere  on 
that  river  or  in  the  vicinity  ;  but,  either  by  design  or  acci- 
dent, they  fell  short  of  their  destination,  and  landed  at  Cape 
Cod  on  the  10th  of  November.  Here  they  determined  to 
remain,  and  selecting  a  spot,  previously  named  Plymouth 
on  Capt.  Smith's  map,  established  there  the  first  permanent 
settlement  in  New  England.  The  French  had  then  a  plan- 
tation at  Port  Royal,  Nova  Scotia,  and  the  English  had 
settlements  in  Virginia,  Bermuda,  and  Newfoundland. 

From  this  brief  digression  we  return  to  the  grants  of  the 
Plymouth  Council. 

1.  On  the  10th  of  September,  1621,  the  northeastern 
part  of  the  territory  included  in  the  charter  was  granted  by 
James  I.  to  Sir  William  Alexander.|  This  was  done  by 
the  consent  of  the  Council,  as  Gorges  expressly  declares. 
The  grant,  to  which  the  name  of  Nova  Scotia  was  given, 
extended  from  Cape  Sable  north  to  the  St.  Lawrence;  it 
included  Cape  Breton,  all  the  islands  within  six  leagues  of 
the  eastern,  western,  and  northern  shores,  and  within  forty 
leagues  south  of  Cape  Sable.  In  1622,  Sir  William  Alex- 
ander subdued  the  French  inhabitants  within  his  grant, 
carried  many  of  them  prisoners  to  Virginia,  and  planted  a 
colony  there  himself  J 

2.  On  the  10th  of  August,  1622,  the  Council  of  Plym- 
outh granted  to  Sir  Perdinando  Gorges  and  Capt.  John 
Mason  "  all  the  lands  situated  between  the  rivers  Merri- 
mack and  Sagadahock,  extending  back  to  the  great  lakes 
and  river  of  Canada."  This  grant  was  called  the  province 
of  Laconia,  but  it  retained  that  name  only  for  a  short  time. 
In  1623  the  proprietors  sent  over  David  Thompson,  Edward 
and  WUliam  Hilton  and  others,  who  commenced  a  planta- 
tion upon  the  west  side  of  the  Piscataqua  River,  which  was 
the  first  settlement  in  New  Hampshire,  and  the  beginning 
of  the  present  city  of  Portsmouth.  Gorges  and  Mason  con- 
tinued their  joint  interest  on  the  Piscataqua,  having  pro- 
cured a  new  patent  in  1630,  including  all  their  improve- 
ments on  both  sides  of  the  river.  In  1634  they  made  a 
division  of  their  property.  Mason  taking  the  west  side  of 
the  river  and  Gorges  the  east  side,  each  procuring  distinct 
patents  for  their  respective  portions.  The  grant  to  Mason 
became  New  Hampshire ;  that  to  Gorges,  New  Somerset- 
shire, afterwards  changed  to  Maine.  Gorges  did  not  con- 
fine his  attention  exclusively  to  Piscataqua.     In  February, 


t  2  Hazen,  p.  387. 


HISTORY   OF   YORK    COUNTY,  MAINE. 


1623,  we  find  that  he  had  already  the  plantation  established 
upon  the  island  of  Monhegan,  referred  to  in  the  preceding 
chapter,  which  had  been  founded  at  a  considerably  earlier 
period,  — some  think  before  the  landing  of  the  Pilgrims. 
The  plantation  is  admitted  to  have  been  in  existence  in 
1621,  and  how  much  earlier  cannot  be  positively  deter- 
mined. It  was  a  well-known  settlement  in  1623,  as  is 
proven  by  the  fact  of  the  Plymouth  colonists  coming  here 
for  provisions  in  the  winter  of  that  year. 

3.  On  the  9th  of  November,  1626,  the  Council  of  Plym- 
outh granted  to  the  New  Plymouth  Company  a  tract  of 
land  on  the  Kennebec,  which  was  subsequently  enlarged 
so  as  to  include  the  Penobscot,  the  company  having  erected 
a  trading-house  on  Bagaduce  Point,  at  the  mouth  of  that 
river.  They  also  erected  a  trading-house  on  the  Kennebec, 
in  1628,  and  supplied  it  with  corn,  and  the  necessary 
accommodations  for  trade  up  the  river.* 

■i.  In  1628,  Thomas  Purchase  settled  at  Pejepscot  Falls, 
now  Brunswick,  having,  in  connection  with  George  Way, 
obtained  a  grant  of  land  of  the  Plymouth  Council.  The 
name  of  Mr.  Purchase  appears  frequently  in  the  early 
political  affairs  of  York  County.  He  was  a  fisherman,  and 
trader  with  the  Indians,  prior  to  the  war  of  1675.  The 
land  included  in  his  patent  subsequently  passed  into  the 
hands  of  the  Pejepscot  proprietor's. I 

5.  In  1628  the  Massachusetts  Bay  Company  procured 
a  charter  from  the  Council  of  Plymouth,  and  in  June  sent 
over  Capt.  John  Endicott  and  a  few  associates  to  take  pos- 
session of  the  grant.  They  arrived  in  September,  at  Maum- 
beag,  now  Salem,  and  laid  the  foundation  of  that  respect- 
able town  and  the  colony  of  Massachusetts  Bay. 

6.  In  1629,  Aldworth  and  Elbridge  sent  over  to  Shurte 
a  patent  from  the  Council  of  Plymouth  for  twelve  thousand 
acres  of  laud  on  Pemaquid.  A  settlement  was  made  on 
the  grant  the  same  year,  as  appears  from  the  wording  of  a 
subsequent  grant.  Thomas  Elbridge,  the  son  of  Giles,  the 
patentee,  came  over  a  few  years  after,  and  held  court  within 
this  patent,  to  which  "  many  of  the  inhabitants  of  Mon- 
hegan and  Damariscove  repaired,  and  made  acknowledg- 
ment of  submission.!  This  court  was  probably  at  a  later 
date  than  the  one  held  at  Saco  in  1635. 

7.  On  the  12th  of  February,  1629,  the  Council  of  Ply- 
mouth made  two  grants  on  the  Saco  River,  each  being  four 
miles  upon  the  sea  aud  extending  eight  miles  into  the 
country.  The  grant  upon  the  west  side  of  the  river  was 
made  to  John  Oldman  and  Richard  Vines  Oldman  had 
lived  in  the  country  six  years,  partly  within  the  Plymouth 
and  partly  within  the  Massachusetts  jurisdiction,  and  Vines 
had  become  acquainted  with  the  country  by  frequent  voyages 
to  it,  and  by  spending  one  winter  in  the  place  where  his 
patent  was  situated.  He  took  possession  of  his  grant  June 
25,  1630,  and  entered  with  zeal  and  ability  into  the  means 
of  converting  it  into  a  source  of  profit.  This  patent,  in 
later  years  called  the  Biddeford  patent,  was  the  foundation 
of  the  present  flourishing  city  of  Biddeford. 


*  2  Prince,  p.  62.  f  History  of  Brunswick. 

X  In  1675  there  were  no  less  than  one  hundred  and  fifty-six  fami- 
lies east  of  Sagadahock,  and  near  one  hundred  fishing-vessels  owned 
between  Sagadahock  and  St.  George',*  River.— A',7rri;ii(«  /7<,i/,'  sinie- 
menl  to  the  Council  in  1675. 


The  patent  upon  the  east  side  of  the  river  was  given  to 
Thomas  Lewis  and  Richard  Bonython.  The  patentees 
undertook  to  transport  fifty  settlers  here  in  seven  years  at 
their  own  expense.  Livery  of  seizin  was  given  June  28, 
1631,  and  the  proprietors  in  person  successfully  prosecuted 
the  interest  of  their  patent.  This  patent  was  the  beginning 
of  the  settlement  which  has  since  grown  into  the  prosperous 
city  of  Saco.  This  subject  will  be  found  more  fully  treated 
in  the  histories  of  Biddeford  and  Saco,  farther  on. 

8.  In  1630  the  colony  of  New  Plymouth  procured  from 
the  Council  a  tract  of  land  fifteen  miles  wide  on  each  side 
of  the  Kennebec,  extending  as  far  up  as  Cobbiscontee. 
Under  this  grant  they  carried  on  trade  with  the  Indians 
upon  the  river  for  many  years,  and  in  1660  sold  the  title, 
for  £400,  to  Messrs.  Tyng,  Brattle,  Boies,  and  Winslow.§ 

9.  March  13,  1630,  a  grant  was  made  to  John  Beau- 
champ,  of  London,  and  Thomas  Leverett,  of  Boston,  Eng- 
land, of  ten  leagues  square  between  Muscougus,  Broad 
Bay,  and  Penobscot  Bay.  Large  preparations  were  imme- 
diately made  for  carrying  on  trade  there,  and  agents  were 
employed.  This  was  originally  called  the  Lincoln  grant, 
and  afterwards  the  Waldo  patent,  a  large  part  of  it  having 
been  held  by  Gen.  Waldo,  to  whose  heirs  it  descended.  It 
now  forms  the  county  of  Waldo. |] 

10.  In  1630  the  Council  of  Plymouth  granted  to  John 
Dye  and  others  forty  miles  square,  lying  between  Cape 
Porpoise  and  Cape  Elizabeth.  This  was  named  the  Pro- 
vince of  Lygonia,^  though  commonly  known  as  the 
'■  Plough  patent,"  probably  from  the  ship  called  the 
'•  Plough,"  which  brought  over  the  first  company.  They 
arrived  at  Winter  Harbor  in  the  summer  of  1631,  in  the 
ship  "  Plough,"  but  not  being  satisfied  with  the  prospects 
of  the  country,  most  of  them  continued  on  to  Boston  and 
Watertown,  where  they  were  soon  broken  up  and  scattered. 
In  1 643  the  grant  fell  into  the  hands  of  Alexander  Rigby, 
under  whom  a  government  was  e.stablished,  which  will  claim 
our  attention  farther  on.  The  claim  to  soil  and  sovereignty 
in  the  Province  of  Lygonia,  as  it  was  called,  occupies  con- 
siderable space  in  the  early  history  of  this  portion  of  Maine 
and  of  York  County,  and  gave  birth  to  a  conflict  with 
Gorges  and  his  heirs,  which  was  only  finally  settled  by  the 
submission  of  all  the  contestants  to  the  authority  of  Massa- 
chusetts in  1653  and  1658. 

11.  The  next  grant  we  meet  with  was  that  of  Black 
Point,  now  Scarborough.  This  was  made  by  the  CouncQ 
of  Plymouth  to  Thomas  Cammock,  Nov.  1,  1631.  It  ex- 
tended from  Black  Point  River  to  the  Spurwink  and  back, 
one  mile  from  the  sea.  Cammock  is  supposed  to  have  been 
a  relative  of  the  Earl  of  Warwick,  one  of  the  members  of 
the  Council.  He  was  one  of  the  company  sent  to  Piscat- 
aqua,  and  was  there  as  early  as  1631.  Possession  of  his 
grant,  which  included  Stratton's  Island,  lying  about  a  mile 
from  the  Point,  was  given  him  by  Capt.  Walter  Neal,  May 
23,  1633.**     The  patent  was  confirmed  to  him  by  Gorges 


§  Archives  of  Maine  Historical  Society. 

II  Willis'  History  of  Portland. 

^  From  William  Lygon,  of  Madresfield,  Worcestershire,  an  ancestor 
of  the    Earl    of   Beauchamp,  and    father-in-law  of  Sir   Ferdinando 
Gorges.     See  Gorges  Genealogy,  chap,  v.,  this  work. 
«»  York  Records. 


FIRST   CIVIL  GOVERNMENT  IN   MAINE. 


in  1640.  The  same  year  he  save  a  deed  of  it  to  Henry 
Jocelyn,  to  take  effect  after  the  death  of  him.self  and  wife. 
He  died  in  the  West  Indies  in  1643.  Jocelyn  married  his 
widow,  Margaret,  and  came  into  possession  of  the  whole 
estate.  The  tract  is  now  held  under  this  title  by  convey- 
ances from  Jocelyn  to  Joshua  Scottow,  July  6,  1666. 

12.  Dec.  1,  1G31,  the  Council  of  Plymouth  conveyed  to 
Robert  Trelawny  and  Moses  Goodyeare,  merchants  of  Plym- 
outh, England,  the  tract  lying  between  Cammock's  patent 
and  the  bay  and  river  of  Casco  (^Fore  River),  extending 
northward  into  the  mainland  as  far  as  the  limits  and 
bounds  of  the  land  granted  to  the  said  Thomas  Cammock 
do  and  ought  to  extend.*  This  included  Cape  Elizabeth, 
but  Winter,  the  agent  of  the  proprietors,  contended  for  a 
larger  extent  north,  which,  under  the  management  of 
Winter's  attorney  and  executor,  Robert  Jordan,  led  to  a 
severe  contest  of  many  years'  continuance.  The  limits 
claimed  included  nearly  all  of  the  ancient  town  of  Falmouth 
and  part  of  Gorham.  The  claim,  after  several  attempts  to 
establish  it,  was  finally  decided  against  Jordan,  and  wholly 
relinquished  by  his  heirs. 

13.  In  1634,  Edward  Godfrey  procured  of  the  Council 
of  Plymouth  a  grant  for  himself  and  associates,  Samuel 
Maverick,  William  Hooke,  and  others,  of  twelve  thousand 
acres  of  land  on  the  north  side  of  the  river  Agamenticus. 
The  same  year  another  grant  was  made,  of  twelve  thousand 
acres,  on  the  south  or  west  side  of  the  river,  to  Ferdi- 
nando  Gorges,  grandson  of  Sir  Ferdinando. 

Edward  Godfrey  had  settled  at  Agamenticus  (now  York) 
in  1629,  five  years  before  his  patent  was  obtained.  He 
was  for  several  years  an  agent  for  the  Lacouia  Company  at 
Piscataqua.  After  he  establishe'd  himself  in  Maine  his  ac- 
tivity and  intelligence  soon  brought  him  into  notice.  Sir 
Ferdinando  Gorges  appointed  him  a  councilor  of  his  prov- 
ince in  1640  ;  in  1642  he  was  mayor  of  Gorgeana;  he  was 
chosen  Governor  by  the  people  in  the  western  part  of  the 
province  in  1649,  and  was  the  first  in  Maine  who  exercised 
that  office  by  election.     He  died  about  1661. 

All  the  grants  which  we  have  thus  briefly  alluded  to 
were  made  by  the  Council  of  Plymouth,  notwithstanding 
the  patent  to  Gorges  and  Mason  of  1622,  which  nominally 
covered  the  whole  territory.  From  this  circumstance  it  is 
reasonable  to  conclude  that  the  patent  of  1G22  was  unexe- 
cuted, and  that  no  title  passed  by  it.  Such  we  find  to  be 
the  fact.  In  the  opinion  of  Sir  William  Jones,  the  attor- 
ney-general in  1679,  it  is  stated  that  "the  grant  was  only 
sealed  with  the  Council  seal,  unwitnessed,  no  seizin  endorsed, 
nor  possession  ever  given  with  the  grant.f  It  is  obvious 
that  the  conveyance  must  have  been  incomplete,  for  Gorges 
himself  was  sitting  at  the  council-board,  and  was  a  party  to 
all  the  subsequent  conveyances.  Besides,  he  and  Mason 
both  procured  new  grants  in  1630  to  portions  of  the  same 
territory  lying  on  each  side  of  the  Piscataqua  River. 


York  Records. 


t  1  Hutchinson,  258;  Hubbard,  BU. 


CHAPTER    III. 

FIRST    CIVIL   GOVERNMENT   IN    MAINE. 

Rulers  Appointed  by  the  Council  of  Plymouth— Operations  of  ijorges 
at  Agamenticus — The  Council  Surrender  their  Charter — Government 
formed  under  William  Gorges — First  Courts  at  Saco — New  Charter 
obtained  by  .''ir  Ferdinando  Gorges — Peculiarities  of  his  Govern- 
ment over  the  Province  of  Maine. 

The  first  civil  rulers  in  Maine  were  those  sent  over  by 
the  Council  of  Plymouth, — Robert  Gorges,  Francis  West, 
and  William  Merrill, — who  were  invested  with  authority  to 
superintend  and  manage  all  the  public  affairs  of  New  Eng- 
land. Gorges  was  a  son  of  Sir  Ferdinando,  an  active,  en- 
terprising man  and  a  brilliant  officer.  He  was  commis- 
sioned lieutenant-general  and  governor-in-chief  of  the  coun- 
try. His  Council  was  to  consist  of  Francis  West,  Christo- 
pher Leavitt,  the  Governor  of  New  Plymouth,  and  such 
others  as  he  might  select.  Francis  West  was  commissioned 
admiral  of  New  England,  with  special  instructions  to  re- 
strain all  unlicensed  ships  from  fishing  or  trading  within 
the  limits  of  the  Plymouth  patent,  or  to  exact  penalties 
from  all  interlopers.  He  proceeded  to  execute  his  orders 
with  so  much  rigor  that  the  fishermen  and  traders  revolted 
against  his  authority.  He  returned  to  England  only  to 
find  that  the  mariners  had  preferred  charges  against  him 
before  Parliament  for  interfering  with  their  rightful  em- 
ployment, and  had  requested  an  order  to  make  the  fisheries 
entirely  free.  The  Commons,  being  opposed  to  exclusive 
corporations  created  by  the  king,  were  ready  to  view  the 
charter  of  the  Plymouth  Council  as  a  public  grievance. 
Sir  Ferdinando  was  called  to  the  bar  of  the  House  to  an- 
swer for  his  management,  and  that  of  his  associates.  He 
defended  the  conduct  of  the  Council  with  great  spirit  and 
ability.  The  matter  was  laid  before  the  king,  who  refused 
to  revoke  the  charter  ;  nevertheless,  the  Council,  in  defer- 
ence to  public  opinion,  concluded  to  suspend  their  opera- 
tions, and  call  home  the  Governor.  Thus,  in  about  a  year 
from  its  inauguration,  the  first  attempt  at  a  general  govern- 
ment of  the  colonies  proved  a  signal  failure. 

Disappointed  with  the  general  state  of  affairs.  Sir  Ferdi- 
nando Gorges  now  turned  his  attention  to  the  establishment 
of  an  independent  colony  at  his  own  expense.  He  selected 
for  his  site  the  river  Agamenticus,  which  afforded  a  good 
harbor  at  and  above  its  mouth,  on  both  sides  of  which  he 
procured  by  patent  from  the  Plymouth  Council  twelve 
thousand  acres  of  land.  The  immediate  management  of  the 
settlement  was  intrusted  to  William  Gorges,  his  nephew, 
"  a  young  gentleman  of  rank  and  ambition,  and  to  Francis 
Norton,  who,  having  risen  by  his  own  merits  to  a 
lieutenant-colonel,  was  desirous  to  perpetuate  his  fortune." 
Sir  Ferdinando  bestowed  special  attention  on  the  new 
colony,  and  expended  his  fortune  freely  to  promote  its 
interests.  He  provided  his  first  company  of  emigrants  with 
every  facility  to  make  a  successful  beginning  in  a  new 
country.  The  first  company  sent  over  by  him  embraced 
artisans,  mechanics,  and  husbandmen.  He  supplied  them 
with  implements  and  machinery  to  clear  away  the  forests, 
manufacture  lumber,  build  mills  and  ships,  and  cultivate 
the  soil.  This  settlement  became  in  a  few  years  the  capi- 
tal of  the  province,  and  the  first  incorporated  city  on  the 


HISTORY   OF   YORK   COUNTY,  MAINE. 


continent  of  North  America.  The  history  of  this  city, 
however,  and  of  the  remarkable  form  of  government  estab- 
lished for  the  province,  belong  to  a  later  period  than  that  of 
which  we  are  now  speaking. 

The  affairs  of  the  Plymouth  Council  becoming  compli- 
cated and  wearisome  to  the  corporators,  they  resolved  to 
surrender  their  charter  to  the  king.  Before  doing  so,  how- 
ever, they  divided  the  territory  of  Maine  between  three  of 
the  patentees.  Gorges'  share  extended  from  the  Piscataqua 
to  the  Kennebec,  or  Sagadahock  ;  another  portion  lay  be- 
tween Sagadahock  and  Pemaquid ;  the  third  extended  from 
Pemaquid  to  the  St.  Croix.*  The  proprietors  of  the  two 
latter  divisions  are  not  named,  and  there  appears  to  be  no 
evidence  that  any  occupation  was  had  of  them  under  this 
title.  The  prospect  of  trouble  with  the  French  at  that 
period,  who  claimed  as  far  west  as  the  Kennebec,  probably 
deterred  the  proprietors  of  these  eastern  grants  from  making 
any  attempt  to  settle  their  patents.  Gorges  considered  him- 
self peculiarly  fortunate  in  securing  that  portion  of  the  ter- 
ritory about  which  there  was  no  dispute  with  the  French.f 
In  the  instrument  of  surrender  the  Council  provided  for  all 
existing  titles  made  by  them,  and  prayed  the  king  to  con- 
firm the  grants  which  they  had  divided  among  themselves. 
These  were  recorded  in  a  book  which  accompanied  the  sur- 
render. The  division  among  the  patentees  was  made  by 
lot,  on  the  3d  of  February,  1635,  the  grant  was  executed 
April  22d,  and  on  the  7th  of  June,  following,  the  President 
and  Council  made  a  full  transfer  of  their  charter  to  the 
king.  They,  at  the  same  time,  urged  upon  the  king  the 
necessity  of  taking  away  the  charter  of  Massachusetts  Bay, 
and  of  appointing  from  among  the  lords  proprietors  a  gen- 
eral governor  for  the  whole  country.  This  met  with  some 
favor,  and  probably  would  have  been  done  but  for  the 
breaking  out  of  the  civil  war  in  England,  which  soon 
ensued. 

We  have  now  only  to  follow  the  history  of  one  division 
of  this  great  charter,  viz.,  that  granted  to  Sir  Ferdinando 
Gorges,  which  embraced  the  original  pi-ovince  of  Maine 
extending  from  the  Piscataqua  to  the  Kennebec.  Gorges 
lost  no  time  in  improving  his  acquisition.  To  his  province 
he  gave  the  name  of  New  Somersetshire,  from  the  county 
in  England  in  which  his  estates  were  situated.  He  sup- 
posed that  his  patent  conveyed  to  him,  with  the  soil,  the 
sovereignty  or  right  of  government  which  the  company 
possessed  before  their  dissolution.  Hence,  to  organize  and 
establish  an  administration  of  justice,  he  sent  over  in  1635, 
or  early  in  1636,  William  Gorges,  his  nephew,  in  the  ca- 
pacity of  Governor.  He  is  described  as  "  a  man  of  sense 
and  intelligence,  equal  to  the  importance  of  the  trust." 
He  entered  upon  the  duties  of  his  office  at  Saco,  then  the 
most  flourishing  and  probably  the  oldest  settlement  in  the 
province.^  Gorges  commenced  his  administration  at  the 
dwelling-house  of  Richard  Bonython,  situated  not  far  from 


51  Gorges'  Narrative. 

t  The  French  continued  in  possession  of  the  Penobscot  till  a.d. 
1664.— W«(cAi'.i«o7i,  p.  49;  1  H'lV/inmsoii,  264. 

J  "  It  had  now  enjoyed  a  form  of  government  several  years,  which 
might  originally  have  been  a  social  compact  or  voluntary  combination 
for  mutual  safety  and  convenience.  In  the  mean  time  Richard  Vines 
had  officiated  as  Governor  and  Richard  Bonython  as  assistant." —  Wil- 
liameon.  ii.  264. 


the  shore  on  the  east  side  of  Saco  River.  Here  he  opened 
a  court  March  28,  1636 ;  present,  Richard  Bonython, 
Thomas  Cammock,  Henry  Jocelyn,  Thomas  Purchase,  Ed- 
ward Godfrey,  and  Thomas  Lewis,  Commissioners.  This 
was  the  first  organized  government  established  within  the 
irreseut  State  of  Maine. 

"  The  court  was  continued  for  several  days.  T.  Williams  was 
bound  in  the  sum  of  £100,  with  sureties,  to  answer  to  the  suit  of  Mr. 
T.  Lewis  at  the  next  General  Court,  and  a  sufScient  jury  of  this 
Province  returned  to  try  the  same.  There  were  several  actions, — 
Mrs.  Joan  Vines  rs.  Bonython  and  Lewis,  about  planting  corn ;  W. 
deadlock  IS.  M.  Howell,  debt;  T.Page  vs.  3.  Richmond,  trespass; 
and  there  were  orders  passed  against  drunkenness,  against  mischievous 
Indians,"  etc.J 

"  The  Governor,"  says  Williamson,  •'  in  the  discharge  of  Ms  official 
duties,  found  it  necessary  to  look  into  the  concerns  and  conditions  of 
the  several  settlements  in  the  Province,  which,  including  the  one  at 
Saco,  consisted  of  si>.  I.  Agamenticus,  a  place  of  Sir  Ferdinando 
Gorges'  particular  patronage,  originally  settled  by  husbandmen  and 
artisans,  twelve  or  thirteen  years  before,  had  assumed  the  appearance 
of  prosperity,  with  a  slow  but  gradual  increase  of  inhabitants.  II. 
The  Piscataqua  Settlement  or  plantation,  consisting  of  families  scat- 
tered from  Kittery  Point  to  Newichawannock  and  the  northern  Isles 
of  Shoals,  were  variously  employed,  though  principally  in  the  fish- 
eries and  lumber  business.  These  were  first  under  the  superintend- 
ence of  Walter  Neal,  then  Francis  Williams,  till  the  arrival  of  William 
Gorges.  III.  Black  Point  Settlement,  begun  about  six  or  seven  years 
before  by  Thomas  Cammock,  Henry  Jocelyn,  and  Mr.  Gains,  con- 
sisted of  several  houses,  and  included  Stratton's  Island.  IV.  The 
Lygonia  Plantation,  which  embraced  Richmond's  Island  and  most 
of  the  patent  of  Robert  Trelawny  and  Moses  Goodyeare,  undertaken 
six  years  previously  and  deserted  the  succeeding  summer  by  most 
planters  under  the  *  Plough  patent.'  The  inhabitants  consisted 
principally  of  fishermen,  hunters,  .and  traders,  whose  dwelling-places 
were  iit  Spurwink,  Purpooduck,  and  on  the  peninsula,  collectively 
called  at  the  time  Casco.  Thomas  Bradbury  and  George  Cleaves  had 
agencies  under  Gorges  in  1636-.37,  and  John  Winter,  as  early  as  1631, 
was  the  active  agent  here  of  Trelawny  and  Goodyeare.  V.  The  Pe- 
jepscot  Settlements,  originating  in  the  enterprise  of  Thomas  Purchase 
and  George  Way,  who  established  their  residencej  at  the  head  of 
Stevens'  River,  a.d.  1624-25,1[  consisted  at  this  time  of  a  very  few 
habitations.  They  claimed  on  both  sides  of  the  Androscoggin  to  the 
falls;  southwardly  to  Maquoit;  also  the  Merriconeag  peninsula,  Se- 
bascodegan,  and  other  islands,  upon  which  there  might  possibly  have 
been  several  stages  for  fishermen.  VI.  The  people  residing  within 
the  Kennebec  patent,  who  were  under  the  jurisdiction  of  New 
Plymouth." 

The  government  under  William  Gorges  existed  less  than 
two  years.  It  was  really  without  a  basis  of  authority  upon 
which  to  rest  ;  for  the  grant  from  the  Plymouth  Council 
conveyed  no  right  of  civil  jurisdiction  to  the  grantee.  The 
Council  itself  had  possessed  this  right  by  virtue  of  its  char- 
ter, but  it  was  not  transferable  with  grants  made  under  its 
authority. 

At  this  time  the  increasing  troubles  in  Church  and  State 
in  England,  and  the  growing  strength  and  influence  of  the 
Puritan  colonies,  aroused  the  fears  of  the  king,  and  he  de- 
termined to  establish  a  strong  government  over  New  Eng- 
land. The  man  whom  he  selected  out  of  all  his  realm  to 
place  at  the  head  of  this  government  was  Sir  Ferdinando 
Gorges,  whom  he  appointed  Governor-General  in  1638.  The 
charter  of  Massachusetts  was  the  only  formidable  barrier 
to  the  successful  inauguration  of  this  scheme,  and  the  king 
resolved  peremptorily  to  dispose  of  that ;  he,  therefore,  com- 


I  Folsom's  Saco  and  Biddeford. 

II  George  Way,  though  associated  with  Purchase  ii 
'as  a  resident  of  Pejepscot. 

U  Purchase  settled  \62i.— History  of  Brunswick. 


FIRST   CIVIL   GOVERNMENT   IN   MAINE. 


manded  the  authorities  to  surrender  it,  or  they  must  expect 
a  total  dissolution  of  the  corporation.  The  reply  which 
they  made,  or  at  least  a  certain  sentence  in  it,  opened  the 
eyes  of  Gorges  to  the  true  situation  of  things  more  than 
any  other  argument  could  have  done  :  "  If  our  charter  be 
taken  away,  and  we  be  dissolved,  we  must  leave  our  habi- 
tations for  some  other  place,  and  the  whole  country  will  fall 
into  the  possession  of  the  French  on  the  one  hand,  or  the 
Dutch  on  the  other."  He  saw  that  the  Massachusetts  gov- 
ernment was  the  principal  barrier  to  the  encroachments  of 
the  French.  To  weaken  it  would  be  to  encourage  the  pre- 
tensions of  D'Aulney  and  endanger  the  safety  of  his  own 
province.  Hence,  he  declined  to  accept  of  the  situation  of 
Governor-General,  although  flattering  to  his  personal  am- 
bition. Abandoning  this  object,  he  now  devoted  his  ener- 
gies to  the  single  purpose  of  obtaining  a  royal  charter  for 
the  government  of  his  province.  He  succeeded  in  obtain- 
ing one,  the  privileges  of  which  ought  to  have  been  sufli- 
cient  to  satisfy  any  ambition,  so  far  as  the  extraordinary  and 
almost  unlimited  powers  which  it  granted  were  concerned. 

This  memorable  charter  bears  date  April  3,  1639.  It 
embraced,  as  did  the  former  grant,  the  country  between  the 
Piscataqua  and  the  Kennebec,  extending  northwestward 
into  the  country  one  hundred  and  twenty  miles,  including 
the  northern  half  of  the  Isles  of  Shoals,  the  islands  Capa- 
woek  and  Nautican,  near  Cape  Cod,  and  all  the  islands  and 
inlets  within  five  leagues  of  the  main,  along  the  coast,  be- 
tween said  rivers  of  Piscataqua  and  Sagadahock.  By  this 
charter  the  territory  and  the  inhabitants  upon  it  were  in- 
corporated into  a  body  politic  and  named  The  Province 
OR  CoUNTT  OF  Maine, — the  name  being  given,  it  is 
thought,  in  compliment  to  the  queen,  who  had  an  estate  of 
the  same  name  in  France.* 

We  quote  the  following  respecting  the  powers  of  this 
charter  from  Williamson's  History  of  Maine : 

"  Sir  Ferdinando,  his  heirs  and  assigns,  were  made  absolutely  Lords 
Proprietors  of  the  province,  excepting  the  supreme  dominion,  faith, 
and  allegiance  due  to  the  crown,  and  a  right  to  e.\aet  yearly  a  quart 
of  wheat  and  a  fifth  of  the  profits  arising  from  pearl-fishing  and  from 
gold  and  silver  mines. 

"The  articles  of  faith  and  forms  of  ecclesiastical  government  used 
by  the  Church  of  England  were  established ;  and  to  the  proprietary 
was  given  the  patronage  of  all  churches  and  chapels,  and  the  right  of 
dedicating  them  according  to  English  usages. 

■'In  concurrence  with  a  majority  of  freeholders,  or  their  represen- 
tatives, assembled  for  legislation,  the  proprietor  was  authorized  to 
establish  any  laws  or  orders  which  the  people's  good  required, — ex- 
tending for  sufficient  cause  to  life  or  member,  and  conforming  as  far 
as  practicable  to  those  of  England.  Likewise  to  him,  as  proprietary 
Governor,  belonged  the  power  to  erect  courts  of  justice,  civil  and  ec- 
clesiastical, for  determining  all  manner  of  causes  by  sea  or  land  :  to 
appoint  judges,  justices,  magistrates,  and  their  offices,  and  to  displace 
them;  to  prescribe  their  respective  jurisdictions;  and  to  frame  the 
oaths  to  be  taken  by  officers  and  witnesses.  Also  to  him,  or  his  deputy, 
appeals  were  generally  allowed  in  all  cases  whatsoever,  which  could 
in  England  be  carried  before  the  king. 

"  The  executive  powers  of  the  Lord  Proprietor,  or  deputy  Governor, 
were  plenary.  He  had  the  appointment  of  all  executive,  military, 
and  ministerial  officers,  life-tenants,  and  deputies;  the  pardon  of  all 
offenders  and  offenses,  and  the  execution  of  the  laws.  To  provide 
suitably  for  emergencies,  when  assemblies  of  freeholders  for  making 
laws  could  not  be  convened,  he  had  power  by  his  deputy  or  magistrates 

*  The  name  may  have  been  of  earlier  origin,  derived  from  the  ex- 
pression "the  Main,"  in  distinction  from  the  many  islands  along  the 
shore,  which  is  common  among  the  old  authors. 


to  establish  all  fit  and  wholesome  resolutions  and  orders,  provided  they 
did  not  extend  to  any  person's  life,  freehold,  or  chattels.  '  Whereas 
the  Province,'  in  the  language  of  the  charter,  '  is  seated  among  many 
barbarous  nations,'  and  has  been  sometimes  invaded  by  them,  by 
pirates,  and  others,  it  is  ordained  that  the  Lord  Proprietor  be  invested 
with  the  amplest  authority  to  arm  all  his  provincials  in  defense,  and 
to  fortify,  resist,  conquer,  and  recapture  in  all  cases  according  to  his 
pleasure  and  the  laws  of  war;  and,  also,  amidst  all  hostilities  or 
tumults,  to  execute  martial  law,  as  fully  as  any  of  the  king's  captain- 
generals  could  do  within  the  realm.'  He  had  a  right  to  build  or 
establish  aji  many  cities,  boroughs,  and  towns  as  he  chose;  to  grant 
them  charters  of  incorporation,  appoint  markets,  and  prescribe  tolls. 
He  likewise  of  right  designated  the  ports  of  entry  rated  and  took 
to  himself  the  duties  on  imports,  and  yet  his  provincials  have  only  to 
pay  in  England,  on  their  export  thither,  the  same  customs  paid  by 
natural-born  citizens  of  the  realm.  All  English  subjects  had  free 
privilege  to  take  fish  in  .any  of  the  w.aters  of  the  province.  ...  To 
the  Lord  Proprietor  belonged  all  waifs,  wrecks,  escheats,  and  the 
estates  of  pirates  and  felons,  whenever  liable  to  seizure  or  forfeiture ; 
also  admiralty  jurisdiction,  so  that  all  maritime  causes  arising  in  the 
province,  or  within  twenty  leagues  of  it,  were  subject  to  his  adjudica- 
tion, under  the  paramount  authority  of  the  English  Lord  High  Ad- 

We  will  quote  no  further ;  enough  has  been  given  to 
show  the  spirit  of  the  charter.  "  The  government  which  he 
formed  under  it  was  unique.  Retaining  the  supreme  exec- 
utive power  in  his  own  hands,  he  chose  to  appoint  a  council 
of  seven  members  of  his  own  selection,  and  to  provide  for 
a  popular  branch  consisting  of  representatives  chosen  by 
counties.  The  commissions  to  the  councilors,  together 
with  an  exact  transcript  of  the  charter  and  a  code  of  ordi- 
nances and  instructions,  under  his  hand  and  seal,  Sept.  2, 
1639,  were  transmitted  to  the  province  with  a  request  to 
the  council  to  proceed  in  the  execution  of  their  trust  with- 
out delay,  and  to  read  the  whole  at  the  opening  session,  so 
that  the  people  of  the  province  might  know  how  they  were 
to  be  governed.  After  waiting  six  months  and  receiving 
no  intelligence  of  the  arrival  of  the  papers,  he  carefully 
executed  a  duplicate  set,  somewhat  enlarged  and  improved, 
March  10,  16-tO,  which  were  duly  received  and  became  the 
foundation  of  his  government. 

The  permanent  councilors  appointed  were  Thomas  Gor- 
ges, deputy  Governor;  Richard  Vines,  of  Saco ;  Henry 
Jocelyn,  of  Black  Point;  Francis  Champernoon,  of  Kit- 
tery ;  Richard  Bonython,  of  Saco ;  William  Hooke,  of 
Agamenticus  ;   and  Edward  Godfrey,  of  Piscataqua, 

There  were  seven  general  provincial  officers,  as  follows  : 
The  deputy  Governor  was  the  president  of  the  board,  and 
chief  magistrate  under  the  Lord  Proprietor,  and  held  his 
office  for  three  years ;  the  chancellor  was  appointed  to  de- 
termine all  differences  between  parties  in  matters  of  equity  ; 
the  marshal  had  the  command  and  management  of  the 
militia,  and  was  invested  with  power  to  hold  courts  by  a 
judge-marshal,  where  all  military  cases  of  honor  or  arms, 
capital  as  well  as  technical,  were  to  be  tried  ;  the  treasurer 
received  and  disbursed  the  public  revenue  ;  the  admiral  had 
charge  of  all  naval  forces,  and  either  by  himself  or  his  lieu- 
tenant, or  a  subordinate  judge,  determined  all  maritime 
causes ;  the  master  of  ordnance  took  charge  of  all  public 
military  stores,  both  for  the  sea  and  land  service ;  the  sec- 
retary was  the  Lord  Proprietor's  and  Council's  official  corre- 
spondent and  keeper  of  the  province  seal,  which  he  was  to 
impress  upon  all  the  receipts  and  processes  of  that  body. 

The  councilors,  besides  taking  the  oath  of  allegiance 


HISTORY  OF   YORK    COUNTY,  MAINE. 


according  to  the  form  prescribed  in  England,  were  also  to 
take  an  oath  in  the  words  following : 

"  I  do  swear  to  be  a  faithful  servant  and  councilor  unto  Sir  Ferdi- 
nando  Gorges,  knight,  my  Lord  of  the  Province  of  Maine,  to  his  heirs 
and  assigns ;  to  do  and  perform  all  dutiful  respects  to  him  or  them 
belonging,  conceal  their  counsels,  and  without  respect  of  persons  to 
give  my  opinion  in  all  cases  according  to  my  conscience  and  best  un- 
derstanding, both  as  I  am  a  judge  for  hearing  causes  and  otherwise; 


freely  to  give  my  opinion  as  1 


I  councilor  for  matters  of  the  State  or 
Commonwealth  ;  and  that  I  will  not  conceal  from  him  and  his  Council 
any  matter  of  conspiracy  or  mutinous  practice  against  my  said  lord, 
his  heirs  and  assigns  :  but  will  instantly  after  my  knowledge  thereof 
discover  the  same  unto  him  and  his  said  Council,  and  seek  to  prevent 
it,  and  by  all  means  prosecute  the  authors  thereof  with  all  severity, 
according  to  justice." 

The  Council  were  directed  to  appoint  a  clerk  or  register 
to  record  their  proceedings,  and  a  provost-marshal  to  exe- 
cute their  precepts,  judgments,  and  sentences,  who  was  to 
be  provided  at  the  public  charge  with  a  suitable  building 
for  the  confinement  of  prisoners.  It  was  also  enjoined 
upon  them  to  hold  their  court  regularly  on  a  stated  day 
every  month,  and  in  a  place  most  central  and  convenient 
for  the  inhabited  parts  of  the  province.  The  jurisdiction 
of  the  Council  extended  to  all  cases  both  civil  and  criminal. 
In  addition  to  the  seven  standing  councilors  who  constituted 
the  Supreme  Court  of  judicature,  there  were  to  be  elected 
eight  deputies  by  the  freeholders  of  the  several  counties  as 
representatives  in  behalf  of  the  country,  who  were  authorized , 
in  virtue  of  their  places,  to  sit  in  the  General  Court  as  as- 
sistant members,  and  give  their  opinions  according  to  right 
and  justice.  These  fifteen  formed  the  legislative  branches 
of  the  government,  and  without  the  advice  and  consent  of 
the  whole,  duly  assembled,  no  measure  could  become  a  law. 
For  the  administration  of  justice  in  each  county  and  the 
maintenance  of  the  public  peace,  a  lieutenant  and  eight 
justices  were  to  be  appointed  by  the  executive,  and  these, 
in  session,  were  to  appoint  two  head  constables  for  each 
hundred,  and  for  each  parish  one  constable  and  four  tithing- 
men.  No  provision  was  made  for  public  institutions  nor 
for  schools. 


CHAPTER    IV. 

ADMINISTKATION  OF    THOMAS  GORGES. 

First  Court  under  the  Charter— York  County  Records^Agamenticus 
Incorporated — City  Government — Revolution  in  England — Con- 
federate Alliance  of  the  Colonies — Maine  refused  admission  on 
Religious  Grounds— Revolt  of  the  Northern  Isles  of  Shoals. 

The  first  General  Court  under  the  charter  was  opened  at 
Saco,  on  the  25th  of  June,  1640,  and  held  by  four  of  the 
council,  viz.,  Richard  Vines,  Richard  Bonython,  Henry 
Jocelyn,  and  Edward  Godfrey.  They  called  themselves 
"  Councillors  of  Sir  Perdinando  Gorges,  for  the  preserva- 
tion of  justice  through  his  Province."  Thomas  Gorges  had 
not  yet  arrived  in  the  country.  The  members  present  took 
the  qualifying  oath  and  proceeded  to  business.  They  ap- 
pointed Roger  Garde,  of  Agamenticus,  Clerk  or  Register ; 
Robert  Sankey,  of  Saco,  Provost-Marshal ;  Nicholas  Frost, 
of  Piscataqua,  Michael  Mitten,  of  Casco,  and  John  Wil- 
kinson, of  Black  Point,  Constables  for  those  places.  At 
the  first  session  there  were  eighteen  civil  actions,  and  eight 


complaints.  At  this  court  George  Cleaves,  who  had  taken 
up  two  thousand  acres  at  Spurwink,  on  the  promise,  as  he 
claimed,  of  a  grant  from  Gorges,  and  had  been  ejected  and 
removed  to  Falmouth  Neck,  brought  suit  against  John 
Winter  in  two  actions,  for  intrusion  and  trespass,  in  taking 
possession  under  the  patent  to  Trelawny  and  Goodyeare,  and 
recovered.  John  Winter,  the  agent  of  Trelawny  and  Good- 
yeare, who  was  a  large  trader  on  Richmond's  Island,  was 
also  indicted  for  taking  a  premium  of  more  than  five  per 
cent,  upon  the  cost  of  his  merchandise.  There  were  sev- 
eral civil  actions  brought,  among  which  were  the  following  : 
A.  Browne  vs.  Thomas  Purchase,  for  slander, — verdict  five 
pounds;  R.  Gibson  vs.  J.  Bonython,  for  slander, — verdict 
six  pounds,  six  shillings,  six  pence. 

It  is  said  that  policy  dictated  the  holding  of  the  first 
court  at  Saco,  for  the  purpose  of  exercising  jurisdiction  over 
the  territory  claimed  by  the  Lygonia  patentees,  although 
the  people  of  Agamenticus  and  Piscataqua  felt  disappointed, 
and  complained  of  the  distance  as  a  grievance. 

The  Council,  in  deciding  to  hold  the  court  at  Saco,  were 
also  justified  on  the  ground  of  their  instructions,  which  re- 
quired them  to  select  a  situation  the  most  central.  Taking 
into  consideration  the  most  eastern  settlement  at  Pejepscot 
and  the  most  western  at  Piscataqua,  within  the  province, 
the  situation  at  Saco  was  certainly  well  chosen.  Never- 
theless, in  view  of  the  fact  that  the  western  people  had 
expected  Agamenticus  to  be  the  seat  of  government,  the 
Council  determined  to  hold  a  session  there  also,  and  to  re- 
quire the  settlers  at  Piscataqua  (Kitteryj  to  attend  at  Saco 
only  on  the  annual  election  days  in  June. 

Thomas  Gorges  arrived  in  the  summer  of  1G40,  com- 
missioned by  the  Lord  Proprietor  deputy  Governor  of 
the  Province.  "  He  was  a  young  gentleman  who  had  re- 
ceived a  law  education  at  the  Inns  Court  in  Westminster, 
whose  abilities,  qualities  of  heart,  sobriety  of  manners,  and 
liberal  education  qualified  him  well  for  the  office.  His  in- 
structions were  to  consult  and  counsel  with  the  magistrates 
of  Massachusetts  as  to  the  general  course  of  administra- 
tion expedient  to  be  pursued  ;  and  such  were  his  own  reso- 
lutions that  he  determined  to  discharge  the  duties  of  his 
office  with  fidelity  and  promptitude." 

At  this  time,  at  Agamenticus,  was  a  notorious  character 
named  George  Burdett.  He  was  noted  for  his  lewdness 
and  misconduct  generally,  and  yet  he  was  a  man  of  a  cer- 
tain kind  of  political  influence.  He  had  been  a  minister 
in  Yarmouth,  England,  and  also  in  Salem,  Mass.,  whence 
he  removed  to  the  upper  plantation  of  New  Hampshire, 
and,  by  his  ability  at  intrigue,  succeeded  in  1636  in  sup- 
planting Thomas  Wiggin,  the  Governor,  and  obtaining  the 
office  himself  His  true  character  being  soon  exposed,  he 
fled  to  Agamenticus  and  took  up  there  the  functions  of  a 
minister.  He  was  exercising  these  functions,  together  with 
practices  debasing  to  public  morals,  when  he  was  arrested 
by  order  of  the  deputy  Governor  for  breaches  of  the  sev- 
enth commandment,  and  bound  over  to  answer  for  his  crimes 
at  the  next  Councilor's  Court  at  Saco.  At  this  session  of 
the  court,  which  commenced  September  7th,  Mr.  Gorges 
presided,  juries  were  impaneled,  and  justice  was  regularly 
administered.  At  this  session  there  were  pending  about 
forty  cases,  thirteen  being  indictments. 


ADMINISTRATION   OF   THOMAS   GORGES. 


We  give  the  following  from  the  records  of  this  court, 
which  are  still  preserved.  It  may  be  well  to  premise  that 
these  records  were  originally  made  upon  books  of  one  or 
more  fjuires  of  paper,  stitched  together,  and  without  any 
covering  of  parchment  or  strong  paper  to  preserve  them 
from  injury.  Prior  to  1774,  they  had  no  marks  to  dis- 
tinguish them,  but  at  that  date  Hon.  David  Sewall,  of  York, 
upon  examining  them  for  mere  curiosity,  lettered  them  re- 
spectively, A,  B,  C,  and  so  on  as  far  as  G.  These  books, 
known  as  the  "  York  County  Records,"  are  the  oldest  col- 
lection of  records  in  the  State,  and  among  the  oldest  in  New 
England,  and  are  of  great  interest  for  the  light  they  shed 
upon  the  history  of  those  early  times.  They  are  a  mixture 
of  legislative  and  judicial  orders  and  decisions,  of  a  criminal 
and  civil  nature,  interspersed  with  inventories  of  estates  of 
intestates,  wills,  accounts  of  administrators,  and  the  like, 
made  by  the  clerk  of  the  Court  of  Common  Pleas,  in  whose 
custody  they  were  kept  before  the  Revolution,  in  an  old 
chest,  with  other  papers  belonging  to  the  oifice.  They  are 
now  in  the  oifice  of  the  clerk  of  the  Judicial  Courts,  in  the 
County  of  York,  at  Alfred. 

YORK    RECORDS BOOK  A,  28. 

"8th  September,  16411,  General  Coiivt  at  Saeo.  Befoio  Thomas 
Gorges,  Richard  Vines,  Richard  Bonighton,  Henry  Josselin,  and  Ed- 
mund Godfrey. 

"Mary  the  wife  of  George  Puddington  of  Agamenticus  is  here  In- 
dicted by  the  whole  Bench  for  often  frequenting  the  House  and  com- 
jiany  of  Mr.  George  Burdett,  minister  of  Agamenticus  aforesaid, 
privately  in  his  bed-chamber  and  elsewhere  in  a  very  suspicious  man- 
ner, notwithstanding  the  said  Mary  was  often  forewarned  thereof,  by 
her  said  Husband,  and  the  Constable  of  the  said  Plantation  with 
divers  others ;  and  for  abusing  her  said  Husband  to  the  great  dis- 
turbance and  scandall  of  the  said  plantation,  contrary  to  the  peace  of 
our  Sovereign  Lord  the  King.     This  Enquest  find  liiUa  vem. 

"  Whereupon  the  Court  enjoyneth  the  said  Mary  to  make  this  pub- 
lick  confession,  here  in  this  Court,  and  likewise  at  Agamenticus  afore- 
said wh^  she  shall  be  thereto  called  by  the  Worship'l  Thomas  Gorges 
and  Edmund  Godfrey,  two  of  the  Cotmcellors  of  this  Province.  Her 
confessions  followeth. 

"I  Mary  Puddington,  do  hereby  acknowledge  that  I  have  dishon- 
oured God  the  place  where  I  live,  and  wronged  my  Husband  by  my 
disobedience  and  light  carriage  for  which  I  am  heartily  sorry,  and 
desire  forgiveness  of  this  Court,  and  of  my  Husband,  and  do  promise 
amendment  of  life  and  manners  henceforth;  and  having  made  this 
confession  to  ask  her  husband  forgiveness  on  her  knees. 

"Mr.  George  Burdett  minister  of  Agamenticus  is  Indicted  by  the 
whole  Bench  for  a  man  of  ill  name  and  fame,  Infamous  for  inconti- 
nency,  a  Publisher  and  Broacher  of  divers  dangerous  speeches,  the 
better  to  seduce  that  weak  sex  of  women  to  his  Incontinent  practices 
contrary  to  the  peace  of  our  Sovereign  Lord  the  King,  as  by  Deposi- 
tions and  Evidences.     This  Enquest  find  BHUi  ocra. 

"Whereupon  the  said  George  Burdett  is  fined  by  the  Bench  for 
this  his  offence  ten  pounds  sterling  to  our  Sovereign  Lord  ye  King. 

"Mr.  George  Burdett  is  also  Indited  by  the  whole  Bench  for  De- 
flowering Ruth  the  wife  of  John  Gouch  of  Agamenticus  aforesaid 
as  by  depositions  and  evidence  appeareth,  contrary  to  the  Peace  of 
our  Sovereign  Lord  the  King.     This  Enquest  find  Billa  t-eru. 

"  Whereupon  the  said  George  Burdett  is  fined  by  the  bench  for  this 
his  oflTence  Twenty  Pounds  Sterling  to  our  Sovereign  Lord  the  King. 

"  Mr.  George  Burdett  being  found  guilty  by  the  grand  Enquest  for 
entertaining  Mary  the  wife  of  George  Puddington  in  his  House  as  by 
the  first  Indictment  against  the  said  George  Burdett  appeareth,  is 
therefore  fined  by  this  Bench  Ten  Pounds  Sterling  to  the  said  George 
Puddington  for  those  his  wrongs  and  Damage  sustained  by  the  said 
George  Burdett.     ]iage  29. 

"  Ruth  the  wife  of  John  Gouch  being  found  guilty  by  the  grand 
Inquest  of  Ailultcry  with  Mr.  George  Burdett  is  therefore  censured  Ijy 
this  Court,  that  six  weeks  after  she  is  delivered  of  child,  she  shall 


stand  in  a  white  sheet  publickly  in  the  Congregation  at  Agamenticus 
two  several  Sabbath  Days,  and  likewise  one  day  at  this  (general  Court 
when  she  shall  be  thereunto  called,  by  the  Councellors  of  this  Prov- 
ince, according  to  his  majesty's  laws  in  that  case  provided. 

"At  a  general  Court  held  at  Saco  September  ITth  1640.  It  is 
ordered  by  this  Court,  that  in  regard  of  the  great  Damage  the  Inhab- 
itsints  of  this  Province  do  sustain  thro'  the  loss  of  their  cattle  by  the 
devouring  Wolves,  that  from  henceforth  if  any  one  shall  kill  any  wolf 
between  Pascattaqua  and  Kenebunk,  the  partie  so  killing  them  shall 
have  7'wcfrc  jieuce  for  every  wolf  so  killed  from  every  Family  between 
Konnebunk  and  Sagadahock,  for  every  Wolf  so  killed  within  those 
limits,  and  that  the  partie  killing  any  Wolves  (repairing  to  the  next 
Councellor  of  this  Province  within  said  Limits,)  shall  have  order  for 
taking  up  of  the  said  money. 

"  It  is  ordered  by  this  Court  that  the  Worshipful!  Thos.  Gorges 
and  Edward  Godfrey  Councellors  of  this  Province  shall  order  all  the 
Inhabitants  from  Piscatiqua  lo  Kennebunk,  which  have  any  children 
unbaptized,  that  as  soon  as  a  minister  is  settled  in  any  of  their  plan- 
tations, they  bring  their  said  children  to  Baptism,  and  if  any  shall 
refuse  to  submit  to  the  said  order,  that  then  the  partie  so  refusing 
shall  be  summoned  to  .answer  this  their  contempt  at  the  next  General 
Court  to  be  holdiu  in  this  province." 

Upon  the  establishment  of  the  Gorges  government  the 
province  was  divided  into  two  districts  east  and  west  of  the 
Kennebunk  River.  The  western  gradually  acquired  the 
name  of  York  and  the  eastern  was  commonly  called  Somer- 
set, or  New  Somerset.  For  the  former,  terms  of  the  Infe- 
rior Court  were  appointed  to  be  holden  at  Agamenticus 
three  times  a  year,  and  for  the  latter  three  terms  annually 
at  Saco.  It  was  also  ordered  that  henceforth  there  shall  be 
one  General  Court  holden  at  Saco  for  the  whole  province  of 
Maine  every  year  on  the  25tb  of  June,  or  on  the  next  day, 
if  that  should  fall  on  the  Sabbath.  Other  sessions  of  the 
General  Court  could  be  convened  at  the  discretion  of  the 
Council.  The  Inferior  Courts  had  no  jurisdiction  in  capi- 
tal felonies  nor  in  civil  actions  involving  titles  to  lands. 

The  energetic  measures  of  the  administration  gave  general 
satisfaction  throughout  the  province,  excepting  in  the  settle- 
ment upon  the  northern  bank  of  Piscataqua,  where  some  dis- 
content appears  to  have  prevailed.  Disinclined  to  acknowledge 
the  jurisdiction  of  Gorges'  charter,  yet  complaining  of  the 
great  evils  they  had  suffered  from  the  want  of  civil  govern- 
ment, they  entered  into  a  social  compact  Oct.  22,  1640,  and 
by  articles  to  which  Richard  and  William  Waldron,  Thomas 
Larkham,  and  thirty-eight  others  were  subscribers,  com- 
bined them.selves  into  a  body  politic  for  the  free  exercise 
and  preservation  of  their  civil  rights.  They  professed  to 
be  the  king's  loyal  subjects,  and  said  they  should  observe 
his  laws  in  connection  with  those  of  their  own  making  till 
he  .should  give  them  further  orders.*  The  compact  soon 
fell  asunder,  and  we  find  the  leaders  of  this  pure  democracy, 
Waldron  and  Larkham,  soon  after  at  Dover,  N.  H.,  where 
they  probably  went  to  participate  in  a  government  more 
liberal  than  that  of  Gorges. 

Sir  Ferdinando,  in  his  special  patronage  of  Agamenticus, 
gave  it  a  charter  of  incorporation,  by  which  he  erected  it 
into  a  borough.  It  embraced  the  territory  three  miles 
every  way  from  the  "  church,  chapel,  or  oratory  of  the 
plantation,"  and  invested  the  "  burgesses"  or  inhabitants 
with  powers  to  elect  annually  a  mayor  and  eight  aldermen, 
and  to  hold  estate  to  any  amount.  Thomas  Gorges  was 
first  mayor,  and  the  aldermen  were  Edward  Godfrey,  Roger 

s  Hazen,  p.  482 ;  Hubbard's  New  England,  p.  222. 


HISTORY  OF  YORK   COUNTY,  MAINE. 


Garde,  George  Puddington,  Bartholoiuew  Barnett,  Edward 
Johnson,  Arthur  Bragdon,  Henry  Simjison,  and  John 
Rogers.  The  mayor  and  the  board  were  authorized  to  make 
by-laws,  to  erect  fortifications,  and  to  hold  courts  in  the 
"  Town  Hall"  once  in  three  weeks,  for  the  trial  of  misde- 
meanors and  all  civil  causes. 

The  inhabitants,  in  the  enjoyment  of  these  exclusive 
privileges,  were  jealous  of  the  jurisdiction  of  the  General 
Court,  and  when  that  body  convened  at  Saco  in  June,  16-41, 
and  was  opened  by  the  deputy  Governor,  and  councilors 
Vines,  Bonython,  Jocelyn,  and  Godfrey,  three  of  the  alder- 
men and  a  delegate  from  the  burgesses  appeared  and  pre- 
sented a  special  memorial,  declarative  of  their  corporate 
rights  and  duties,  giving  assent  to  the  authority  of  the  gen- 
eral government  of  Gorges,  and  at  the  same  time  protesting 
against  any  infringement  of  their  borough-privileges.  The 
memorial  is  as  follows,  copied  from  the  York  Records  : 

"  Leaf  19.  Whereas,  divers  privileges  have  heretofore  bin  granted 
to  the  Patentees  and  Inhabitants  of  Agamenticus,  as  by  several  pat- 
ents doth  and  may  appear,,  we  whose  names  are  here  subscribed,  being 
deputed  for  and  in  behalf  of  the  said  Inhabitants,  do  in  behalf  of  our- 
selves and  those  we  are  deputed  for  pi-otest  as  followeth :  That  our 
appearance  at  this  Court  shall  be  no  prejudice  to  any  grants  or  privi- 
leges which  we  now  enjoy  or  ought  to  enjoy  by  Virtue  of  the  said 
Patents  or  otherwise,  and  that  whatsoever  we  shall  do  or  transact  in 
this  Court  shall  be,  saving  this  Protestation.  Notwithstanding  we 
do  humbly  acknowledge  his  Majesty's  Grant  of  the  Provincial  Patent 
to  Sir  Ferdinaudo  trorges,  and  humbly  submit  ourselves  thereunto  so 
far  as  by  law  we  are  bound.  We  also  desire  that  a  copy  of  this  Prot- 
estation may  be  taken  by  some  Notary  or  other  officer  of  this  Court, 
here  to  be  recorded. 

"  Edw.  Johssox,  Geo.  Puddisgtox, 
"JoHX  Baker,     BAiixno'w  B.vrnett, 
"  Deputies  for  the  InJinlitniits  of  Agamenticus. 

"  It  was  ordered  at  this  Court  by  Richard  Tines,  Richard  Bony- 
thon, Henry  Jocelyn,  and  Eilward  Godfrey,  Esq'rs,  Councilors  for 
this  Province,  that  the  Government  now  established  in  Agamenticus 
shall  so  remain  until  such  time  as  the  said  Councilors  have  Certified 
the  Lord  of  the  Province  thereof  and  heard  again  from  him  Concern- 
ing his  further  pleasure  therein." 

Sir  Ferdinando's  "  farther  pleasure  therein"  proved  to 
be  the  enlargement  of  the  corporate  privileges  of  Agamen- 
ticus. Determined  now  to  erect  the  borough  into  a  city, 
he  executed  another  and  more  perfect  charter,  March  1, 
1641,  by  which  he  incorporated  a  territory  of  twenty-one 
square  miles,  and  the  inhabitants  upon  it,  into  a  body 
politic,  conferring  upon  it  the  dignity  of  his  own  name, — 
"  Gorgeana."  The  territory  of  the  city  "  lay,  in  the  form 
of  a  parallelogram,  on  the  northern  side  of  the  river  Aga- 
menticus, extending  up  seven  miles  from  its  mouth,  and  a 
league  upon  the  sea-shore."  The  government  consisted  of 
a  mayor,  twelve  aldermen,  twenty-four  common  councilmen, 
and  a  recorder,  elected  annually,  March  25th,  by  the  free- 
holders. The  mayor  and  aldermen  were  ex-officio  justices, 
and  had  the  appointment  of  four  sergeants,  whose  insignia 
of  oiEce  was  a  white  rod,  and  whose  duty  it  was  to  serve 
all  judicial  processes.  The  first  city  mayor  was  Edward 
Godfrey  ;  the  aldermen  were  probably  those  under  the  for- 
mer charter.*  Mr.  Godfrey  affirmed  that  "  he  had  been  a 
promoter  of  this  colony  of  New  England  from  a.d.  1609, 
and  above  thirty-two  years  an  adventurer  in  that  design." 

The  population  of  Gorgeana  at  this  time  consisted  of  about 
three  hundred  souls,  but  Gorges  was  actuated  by  great  ex- 


Williamson,  p.  289. 


pectations  and  generous  designs :  his  ambition  was  to  found 
a  prosperous  and  successful  colony,  and  to  organize  and 
establish  a  capital  commensurate  with  his  general  plan  of 
government.  To  this  end  he  labored  earnestly,  adopted 
the  policy  which  he  thought  best  adapted  to  promote  the 
general  welfare,  and  expended  liberally  of  his  own  private 
fortune  to  build  up  settlements,  and  to  increase  the  com- 
merce of  the  province.  If  he  erred,  it  was  in  not  perceiving 
more  clearly  the  signs  of  the  times  in  which  he  lived,  and 
the  tendency,  both  in  England  and  in  the  colonies,  to  a 
more  liberal  and  democratic  system  of  government  than 
that  which  he  had  so  laboriously  and  ingeniously  planned. 
But  he  was  a  loyalist,  and  a  zealous  churchman,  and  had 
already  taken  part  on  the  side  of  the  king,  in  the  struggle 
going  on  in  the  mother-country. 

"  More  than  ten  years  the  city  of  Gorgeana  acted  in  a 
corporate  capacity,  making  some  grants  of  land,  and  man- 
aging affairs  in  a  manner  most  beneficial  to  the  interests  of 
the  people.  As  the  mother-country  was  in  a  revolutionary 
state,  the  Province  of  Maine  might  have  been  an  asylum 
for  loyalists  and  Episcopalians,  and  some  such,  without 
doubt,  emigrated  from  the  flames  of  civilwar  enkindled  in 
England.  But  the  provincial  government  was  not  suffi- 
ciently settled,  energetic,  and  methodical  to  secure  confidence 
to  a  great  extent."  The  revolution  in  England  added 
largely  to  the  accessions  of  wealth  and  population  in  the 
colonies.  jMassachusetts  rose  rapidly  to  an  ascendency  in 
her  political  character  over  the  other  colonies.  New  Hamp- 
shire sought  an  alliance  with  her  in  1642,  and  was  admitted 
to  a  political  union,  which  lasted  thirty-eight  years.  The 
first  portion  of  Maine  which  submitted  to  her  jurisdiction 
was  the  Pejepscot  tract,  or  grant,  which  was  assigned  to  her 
Governor,  John  Wiiithrop,  by  conveyance  from  Thomas 
Purchase,  executed  Aug.  22,  1639.  In  this  instrument 
was  conceded  to  the  government  of  Massachusetts  the  same 
power  and  jurisdiction  as  she  possessed  within  the  limits  of 
her  own  charter,  and,  in  return,  the  protection  of  the  gov- 
ernment was  pledged  to  Purchase  and  his  associates. 

The  acts  of  the  Massachusetts  Colony  were  viewed  by 
many  of  the  malcontents  of  Maine  as  unwarranted  stretches 
of  power,  and  often,  in  repayment  for  their  severe  strictures, 
some  of  them  received  retaliatory  treatment,  but  too  severe. 
A  sermon,  preached  by  Rev.  Mr.  Larkham,  of  Dover,  New 
Hampshire  (then  under  Massachusetts),  against  hirelings, 
was  an  evident  aim  at  Rev.  Richard  Gibson,  of  Maine,  and 
gave  him  great  umbrage.  He  was  an  Episcopalian,  a  good 
scholar,  a  popular  .speaker,  and  highly  esteemed  as  a  min- 
ister, especially  by  the  settlers  and  fishermen  at  Richmond's 
Island,  and  on  the  Isles  of  Shoals,  among  whom  he  had 
been  for  some  time  preaching.  He,  in  reply,  wrote  an 
insulting  letter  to  Mr.  Larkham,  and  likewise  accused  Mas- 
sachusetts of  usurpation  in  endeavoring  to  rule  over  the 
Isles  of  Shoals.  In  this  state  of  irritation  Gibson  provoked 
the  islanders,  in  1642,  to  revolt,  and  submit  to  Gorges' 
government,  several  of  the  cluster  being  included  in  his 
charter.  But  he  was  glad  to  escape  the  indignation  of  that 
colony  by  making  an  humble  acknowledgment,  and,  per- 
haps, promising  that  the  islanders  should  be  urged  by  him 
to  return  to  their  allegiance.f 

t  Hubbard's  New  England,  p.  331 ;  quoted  by  Williamson. 


GOVERNMENT   UNDER   ALEXANDER   RIGBY. 


On  the  19th  of  May,  1643,  while  the  English  House  of 
Commons  was  peculiarly  favorable  to  the  Republican  and 
Puritan  portion  of  the  colonies,  Massachusetts,  Plymouth, 
Connecticut,  and  New  Haven  seized  the  opportunity  to 
form  a  confederacy,  by  which  they  entered  into  a  compact 
to  afford  each  other  mutual  advice  and  assistance  on  all 
necessary  occasions.  Among  the  reasons  assigned  for  this 
union  were  the  dependent  condition  of  the  colonists  ;  the 
vicinity  of  the  Dutch  and  French,  who  were  inclined  to 
make  encroachments  ;  the  hostile  appearance  of  the  neigh- 
boring Indians  ;  the  commencement  of  civil  contests  in  the 
parent  country,  the  impracticability  of  obtaining  from 
thence  suitable  aid  in  any  emergency  ;  and  the  union  al- 
ready formed  by  the  sacred  ties  of  religion.*  The  Province 
of  Maine,  being  under  rulers  of  Episcopal  tenets,  could  not 
be  admitted  to  this  union. 

Governor  Gorges  was  far  from  taking  pleasure  in  the 
present  aspect  of  his  provincial  affairs.  The  renewal  of 
difiSculties  with  the  French,  the  restlessness  of  the  Indians, 
and,  above  all,  the  revival  of  the  proprietary  claim  to  Ly- 
gonia,  all  served  to  render  his  situation  anything  but 
encouraging,  and  he  resolved  to  retire  from  the  government 
at  the  end  of  the  three  years  for  which  he  had  been  com- 


CHAPTER    V. 


GOVERNMENT    UNDER    ALEXANDER    RIQEY. 

Purchase  of  the  Lygonia  Patent — George  Cleaves,  Deputy  President 
— Conflict  between  the  Rigby  and  Gorges  Governments — Contro- 
versy decided  in  favor  of  Rigby — General  Assembly  of  the  Province 
of  Lygonia — Life  and  Character  of  Sir  Ferdinando  Gorges. 

The  success  of  the  Republicans  in  England,  in  1643, 
brought  again  Lygonia,  or  the  Plough  patent,  into  notice. 
The  eastern  parts  of  the  territory  had  been  progressively 
settling  thirteen  years,  and  several  places  within  its  limits 
had  become  of  considerable  importance.  Alexander  Rigby, 
a  high  Republican,  and  member  of  the  Long  Parliament, 
became  the  purchaser  of  the  original  grant  and  charter,  in 
the  full  determination  to  assume  possession  of  the  country 
and  of  the  reins  of  government.  He  commissioned  George 
Cleaves,  then  in  England,  his  deputy  president,  and  directed 
him  to  immediately  take  upon  himself  the  administration  of 
affairs.  Cleaves  had  been  for  thirteen  years  a  resident  at 
Spurwiuk  and  on  Falmouth  Neck,  now  Portland,  and  was 
well  aware  of  the  resistance  he  might  have  to  encounter 
from  the  Gorges  government,  which  had  for  six  or  seven 
years  exercised  undisputed  jurisdiction  over  Lygonia. 
Cleaves,  however,  had  calculated  on  the  assistance  of 
Massachusetts  to  establish  him  in  power ;  and  accordingly, 
on  arriving  in  Boston,  in  1644,  he  submitted  the  matter 
to  the  advice  of  the  magistrates,  and  besought  their  inter- 
position. They  prudently  declined  to  interfere  in  the  affair. 
Cleaves  returned  to  Falmouth  Neck,  and  about  this  time 
Governor  Gorges  returned  to  England.f 

^'  This  union  lasted  forty  years. 

t  The  government  residence  of  Gorges  while  in  the  province  was 
about  a  mile  above  Trafton's  Ferry,  near  Gorges'  Point :  the  cellar  of 
his  dwelling-honse  remains  to  this  day. 


Cleaves  called  a  convention,  and  organized  a  form  of 
government  at  Casco.  But  his  every  movement  encoun- 
tered the  unqualified  opposition  of  the  Gorges  government. 
Vines  convened  the  Council  at  Saco :  in  the  consideration 
of  the  subject,  they  thought  the  patent  of  Lygonia  could 
possess  no  powers  of  government  since  the  dissolution  of 
the  charter,  whereas  Gorges  had  obtained  a  royal  charter 
from  his  majesty,  and  by  his  officers  and  agents  had  exer- 
cised a  continued  jurisdiction  over  the  province  for  many 
years. 

On  the  other  hand,  Cleaves  could  show  the  original 
patent  to  Dye  and  others,  executed  in  1630,  a  possession 
taken  soon  afterwards  under  it,  a  deed  of  the  late  assign- 
ment to  Higby,  and  satisfactory  evidence  that,  when  the 
Plymouth  Council  was  dissolved,  there  was  a  reservation  of 
all  prior  grants  and  existing  rights.  Still,  to  avoid  a  rup- 
ture, he  sent  his  friend  Tucker  to  Saco  with  a  proposal  of 
submitting  the  controversy  to  the  magistrates  of  Massa- 
chusetts, and  abiding  their  decision  till  a  final  one  should 
arrive  from  England.  Vines  had  the  messenger  arrested 
and  thrown  into  prison,  and  he  was  not  permitted  to  depart 
till  he  had  given  bonds  for  his  good  behavior  and  his  ap- 
pearance at  the  next  court  at  Saco. 

The  course  of  Vines  in  this  respect  was  severely  censured. 
Cleaves  made  a  representation  of  the  facts  to  the  Massa- 
chusetts authorities,  and  requested  them  to  espouse  his 
cause.  He  and  the  chief  men  of  Rigby's  province  also 
sent  to  the  commissioners  of  the  united  colonies  a  written 
proposition,  signed  by  some  thirty,  in  which  they  requested 
that  Lygonia  might  become  a  member  of  the  confederacy. 
This  was  objected  to  on  several  grounds.  The  province  of 
Lygonia,  they  said,  had  no  settled  and  well-organized  gov- 
ernment. She  had  not  complied  with  an  important  article 
of  the  confederation,  which  was  that  no  colony  while  ad- 
hering to  the  Episcopal  Church  communion  of  England 
could  he  admitted  to  membership.  Rigby  himself  was  a 
zealous  Episcopahan  and  a  friend  to  the  hierarchy,  although 
a  good  Republican  commoner  in  Parliament,  and  most  of  his 
provincials  were  of  the  same  sentiments.^ 

At  length — both  parties  agreeing  to  submit  the  contro- 
versy to  their  arbitrament — the  Massachusetts  magistrates 
appointed  June  3,  1645,  as  a  day  for  hearing  the  case. 
Cleaves  and  Tucker  appeared  in  behalf  of  Rigby,  and 
Jocelyn  and  Robinson  in  defense  of  the  Gorges  govern- 
ment. The  trial  was  before  a  jury,  duly  impaneled.  Cleaves 
was  unable  to  show  a  sufficient  assignment  to  Rigby,  the 
one  produced  being  executed  by  a  minority  of  the  patentees  ; 
nor  could  he  make  it  appear  by  legal  proof  that  the  terri- 
tory in  controversy  fell  within  Rigby's  patent.  The  de- 
fendants were  in  a  similar  predicament,  for  they  could  only 
produce  a  copy  of  Gorges'  charter,  attested  by  witnesses, 
without  any  verification  upon  oath  or  official  certificate. 
The  court,  therefore,  dismissed  the  cause,  advising  the  dis- 
putants to  live  in  peace  till  a  decision  could  come  from  the 
proper  authorities.  The  contest  remained  undecided  for 
two  years.  § 


j  "  The  Province  of  Maine  was  not  admitted  into  the  confederacy: 
the  people  ran  a  diflfereut  course  from  us  both  in  the  ministry  and  in 
L-ivil  administration." —  Winthrop's  Journal,  p.  275. 

I  Hubbard,  270;  Sullivan,  314;  Williamson,  298. 


HISTORY  OF  YORK   COUNTY,  MAINE. 


After  the  retiremeut  of  Thomas  Gorges,  Sir  Ferdinando 
appointed  no  successor,  leaving  his  province  to  the  manage- 
ment of  his  Council. 

"  He  himself,  though  now  more  than  serenty  years  of  age,  had 
joined  the  army  of  the  crown  in  the  civil  wars,  anil  was  with  Prince 
Kupert  the  last  year  of  the  famous  siege  of  Bristol;  and  when  that 
city  was  taken  by  the  Parliament  forces.  Gorges  was  plundered  and 
thrown  into  confinement." 

In  1 644,  Richard  Vines  was  elected  deputy  Governor.  He 
presided  in  the  General  Court  held  at  Saco  in  August,  1 645, 
at  which  session  five  members  of  the  Council  were  present, 
viz.,  Henry  Jocelyn,  Richard  Bonython,  Nicholas  Shap- 
leigh,  Francis  Robinson,  and  Roger  Garde. 

At  the  Court  of  Elections,  held  at  Saco,  Oct.  21,  1645, 
only  three  of  the  standing  councilors  were  present,  viz., 
Richard  Vines,  deputy  Governor,  Richard  Bonython,  and 
Henry  Jocelyn.  The  board,  to  the  number  of  seven,  was 
filled  by  election,  Francis  Robinson,  Arthur  Macworth, 
Edward  Small,  and  Abraham  Preble  being  chosen. 

At  this  session  the  following  order  was  adopted : 

"  Ordered  by  the  General  Court  that,  whereas,  we  have  not  heard 
of  late  from  the  Hon.  Sir  Ferdiuando  Gorges,  knight,  lord  proprietor 
of  this  province  of  Mayne,  for  a  full  establishment  of  Government 
within  the  said  Province  for  our  peace  and  safety,  this  21st  of  Oct., 
1645,  have  chosen  for  our  Deputy  Governour,  Richard  Vines,  Esq., 
for  one  whole  year,  and  order  yearly  to  choose  a  Deputy  Governour ; 
and  further  order  that,  in  case  the  said  Richard  Vines,  Esq.,  should 
depart  the  country  before  the  year  he  expired,  then  we  nominate  and 
choose  Henry  Joselin,  Esq.,  Deputy  Governour  in  his  place  and  stead. 

"William  Waldron,  Recorder  for  the  Province  of  Mayne,  chosen 
and  sworn  for  one  year."* 

The  tax  laid  upon  the  province  by  the  court  at  this  ses- 
sion was  £4  lis.,  in  the  apportionment  of  which  they  as- 
signed to  the  Piscataqua  plantation  £2  10s. ;  to  Gorgeana, 
£1;  to  Saco,  lis.;  and  to  Casco,  10s.  It  appears  from 
this  that  the  General  Court  still  held  jurisdiction  from 
Piscataqua  to  Casco. 

We  quote  from  the  records  of  this  session  the  action  of 
the  court  in  the  case  of  John  Bonython,  who  had  set  at 
defiance  the  authority  of  law,  and  offered  violent  resistance 
to  the  officers  sent  to  arrest  him  : 

"21st  of  Oct.,  Ili45,  at  Saco.  Ordered,  that  whereas,  John  Boni- 
thon,  of  Saco,  in  the  Province  of  Mayne,  hath  been  summoned  divers 
time,  in  his  Majesty's  name,  to  appear  at  our  Courts,  and  ha'h  refused, 
threatening  to  kill  and  slay  any  person  that  should  lay  hands  on  him, 
whereupon  the  law  hath  laid  its  due  proceedings  to  an  outlary^  and 
divers  judgments,  executions,  and  warrants  of  the  good  behaviour, 
against  him.  We  therefore,  at  a  General  Court  assembled,  adjudge 
the  said  John  Bonithon  outlawed  and  incapable  of  any  of  his  majes- 
tey's  laws,  and  proclaim  him  a  RebcU. 

"Ordered,  by  concent  of  the  Court,  that  if  Mr.  John  Bonithon  be 
taken,  that  he  be  sent  to  Boston  to  answer  such  things  as  sh,all  there 
be  brought  against  him. 

"  Ordered,  for  the  charges  of  the  General  Court  at  Saco,  for  the 
Province  of  Mayne,  21st  of  Oct.,  1645  :  Saco  to  p.ay  Us. :  Casco,lU».: 
Gorgiana,  £1;  Piscataqua,  £2  Ills.     Total,  £4  Us." 

Two  law  cases  which  occurred  at  this  session  may  be 
worthy  of  mention.  One  was  an  action  of  account  pre- 
sented by  John  Trelawny,  of  Piscataqua,  for  services  in  the 
fisheries  at  Richmond's  Island,  against  John  Winter,  a 
trader  there ;  the  other  was  a  suit  by  Edward  Godfrey,  of 
Agamenticus,  one  of  the  Council,  to  recover  £20  awarded 
him  by  the  High  Court  of  Star  Chamber,  in  England, 
*  York  Records,  Book  A,  leaf  33. 


against  George  Cleaves,  the  deputy  President  of  Lygonia, 
resident  at  Casco,  now  Portland.  Both  judgments  were 
for  the  plaintiflFs. 

The  decision  of  the  authorities  in  England,  which  Cleaves 
and  his  associates  had  been  waiting  for  nearly  two  j'ears, 
had  now  arrived,  and  the  paramount  authority  of  the  gov- 
ernment of  Gorges  within  the  Rigby  patent  was  at  an 
end.  The  subject  had  been  referred  to  the  Governor-Gen- 
eral and  Commissioners  of  the  American  Plantations,  who 
made  their  rep6rt  in  March,  1646.  They  decided  "that 
Alexander  Rigby,  in  virtue  of  the  deed  and  documents 
adduced,  is  the  rightful  owner  and  proprietor,  in  fee-sim- 
ple, of  the  territory  or  province  of  Lygonia ;  being  a  tract 
of  land  forty  miles  in  length  and  forty  miles  in  breadth, 
lying  on  the  south  side  of  the  Sagadahock,  and  adjoining 
unto  the  great  ocean  or  sea  called  Mare  del  Nort ;  and  in 
him  is  settled  the  right  of  planting,  ruling,  ordering,  and 
governing  it.' 

Thus  the  government  of  Cleaves,  under  Rigby,  was  au- 
thoritatively installed,  the  commissioners  ordering  all  the 
inhabitants  of  the  province  "  to  yield  obedience  to  the 
constitution  of  government,"  and  directing  "  the  Governor 
of  Massachusetts,  in  case  of  any  resistance,  to  aflbrd  the 
officers  appointed  by  said  Rigby  all  suitable  assistance." 

"According  to  this  decision,"  says  Williamson,  "the  river  Kenne- 
bunk  proved  to  be  the  divisional  line  between  the  two  provinces;  and 
the  only  remaining  settlements  within  Gorges'  charter  were  those  of 
Wells,  Gorgeana,  Piscataqua,  and  the  northern  Isles  of  Shoals.  No 
decision  could  be  more  unwelcome  and  offending  to  the  adherents  of 
Gorges.  If  the  land-titles  of  settlers  under  him  within  the  patent  of 
Lygonia  were  not  thereby  put  at  hazard,  three  of  his  councilors, 
Vines,  Jocelyn,  and  Bonython,  .and  several  other  officers,  fell  within 
Rigby *s  jurisdiction,  and  must  either  yield  allegiance  to  his  govern- 
ment or  leave  their  estates  and  homes.  To  resist  would  only  expose 
them  to  the  coercive  power  of  Massachusetts,  which,  they  had  reason 
to  believe,  she  would  be  by  no  means  displeased  to  exercise.  Hence 
Henry  Jocelyn  prepared  to  remove  to  Pemaquid,  and  some  others  did 
actually  quit  the  province." 

In  October,  1645,  Richard  Vines  sold  his  estate  to  Rob- 
ert Childs,  and  returned  to  England,  whence  he  proceeded 
to  Barbadoes.  He  was  a  high  royalist,  and  was  deeply 
chagrined  and  disappointed  at  the  unfortunate  turn  aflFairs 
had  taken  both  in  England  and  in  the  province.  He  had 
been  one  of  the  earliest  and  most  zealous  promoters  of  the 
colony,  having  first  come  over  in  1609,  and  been  constantly 
in  the  country  lor  thirty  years.  His  residence  was  near 
Winter  Harbor,  on  the  sea-shore. 

Henry  Jocelyn  succeeded  Vines  as  deputy  Governor,  and 
presided  over  the  court  held  at  Wells,  July  6,  1646 ;  pres- 
ent, Richard  Bonython  and  Edward  Godfrey,  commissioners ; 
Henry  Boade,  Bazil  Parker,  and  Abraham  Preble,  assist- 
ants.j"  It  appears  from  this  that  some  change  had  been  made 
in  the  style  of  the  officers  of  this  court ;  they  are  no  longer 
called  "  Councilors  for  Sir  Ferdinando  Gorges,"  but  "  Com- 
missioners." Williamson  saj-s  a  court  was  convened  at 
Wells  this  year  '•  to  revive  and  organize  a  new  administra- 
tion, lately  so  mutulated   and  crippled,"  which    "  elected 

Godfrey,  Governor ;  Richard  Leader,  Nicholas  Shap- 

leigh,  Thomas  Withers,  and  Edward  Rishworth,  Council- 
lors,— the  latter  being  appointed  also  Recorder."  There 
may  have  been  a  movement  of  this  kind,  in  the  absence  of 

t  York  Records,  Book  A. 


GOVERNMENT   UNDER   ALEXANDER  RIGBY. 


Jocelyn,  piiur  to  the  session  of  the  court  on  July  6th,  but 
Jocelyu  had  been  appointed  by  the  court  the  successor  of 
Vines,  in  case  of  the  removal  of  the  latter  from  the  coun- 
try, and  the  records  show  that  he  was  iu  his  place  as  dep- 
uty Governor,  at  the  session  of  the  court,  as  above,  on  the 
6th  of  July,  1646.  The  following  is  from  the  record  of  a 
court  held  in  June  the  following  year : 

'■./"lie  30,  16+7.— The  Indictment  of  Charles  Frost. 

■'  Whereas,  there  was  slain  Warwick  Heard,  of  Sturgeon  Creeli,  by 
Charles  Frost,  does  stand  here  presented  and  Indicted,  that  he  Felon- 
iously contrnry  to  the  peace  of  our  Sovereign  Lord  the  King,  his 
Crown  and  Dignity  did  the  23d  day  of  March  last  with  a  fowling- 
piece  murder  the  said  Warwick  Heard  ;  having  not  the  fear  of  God 
before  his  eyes.  You  are  therefore  to  inquire  whether  it  was  wilfully 
done  with  malice  pretence,  quarrell,  or  by  accident  or  unawares,  or 
misadventure. 

"  The  .lury  find  that  Charles  Frost  did  kill  Warwick  Heard  by  mis- 
adventure.    And  Charles  Frost  quit  by  proclamation." 

At  the  Court  of  Elections,  Oct.  20,  1647,  no  changes  in 
the  officers  of  government  are  mentioned.  Great  care  was 
taken  of  the  public  interests,  and  the  people  enjoyed  con- 
siderable prosperity.  One  memorable  act  was  passed  by 
this  court,  viz.,  the  incorporation  of  the  Piscataqua  plan- 
tations into  a  town  by  the  name  of  Kittery,  which  embraced 
the  present  towns  of  Kittery,  North  and  South  Berwick, 
and  Eliot.  It  was  the  first  incorporated  town  in  Maine, 
Gorgeana  being  a  city  not  a  town.  The  town  records  begin 
March  19,  1648.* 

A  curious  memorial  presented  to  the  court  this  year  re- 
flects some  light  upon  the  faint  delineations  of  these  times  : 

"  The  humble  petition  of  Richard  Cutts  and  John  Cutting  sheweth  : 
That  contrary  to  an  order  or  act  of  Court  which  says,  '  no  woman 
fhall  the  on  the  Isles  of  Shoah;  John  Reynolds  has  brought  his  wife 
hither,  with  an  intention  to  live  here  and  abide.  He  also  hath 
brought  upon  Hog  Island  a  great  flock  of  goats  and  swine,  which,  by 
destroying  much  fish,  do  great  damage  to  your  petitioners  and  others  ; 
and  also  spoil  the  spring  of  water  upon  that  island,  rendering  it  unfit 
for  any  manner  of  use — which  affords  the  only  supply  and  relief  to 
all  the  rest  of  the  Islands.  Your  petitioners  therefore  pray  that  the 
act  of  Court  may  be  put  in  execution  for  the  removal  of  all  women 
from  inhabiting  there ;  and  that  said  Reynolds  may  be  ordered  to  i-e- 
move  his  goats  and  swine  from  the  Islands  without  delay ;  and  as  in 
duty  bound  is  your  petitioners'  prayer." 

In  compliance  with  the  request,  the  court  ordered  the 
said  Reynolds  to  remove  his  swine  and  goats  from  Hog  Is- 
land within  twenty  days,  and  also  from  such  other  islands 
as  were  inhabited  by  fishermen.  But  "  as  to  the  removal 
of  his  wife,  it  is  thought  fit  by  the  Court  that,  if  no  furtlier 
complaint  come  against  her,  she  may  enjoy  the  company  of 
her  husband."! 

In  dismissing  the  subject  of  Sir  Ferdinando  Gorges'  gov- 
ernment, it  may  be  well  to  insert  a  brief  biographical 
sketch  of  one  so  intimately  identified  with  the  early  history 
of  York  County. 

Sir  Ferdinando  Gorges  was  the  younger  son  of  Edward 
Gorges,  Esq.,  of  Wraxall,  Somerset,  who.se  will,  dated 
Aug.  10,  1568,  was  proved  Sept.  17,  1568.  The  elder  son 
was  Sir  Edward  Gorges,  Kt.,  and  died  at  Wraxall,  where 
he  was  buried,  Dec.  16,  1624.  It  is  not  certain  that  Sir 
Ferdinando  Gorges  was  born  at  Wraxall,  and  the  probability 
is  that  he  was  not,  as  the    Wraxall  registers,  which  have 


«  See  History  of  Kittery  in  this  work 
f  Collection  vii.,  Mass.  Hist.  Soc,  p. 


been  carefully  kept,  contain  no  record  of  his  baptism. 
Moreover,  his  father,  Edward  Gorges,  died  at  Clerkenwell, 
Aug.  29,  1568.  His  funeral  certificate  is  in  the  College  of 
Arms  (i.  5,  161).  The  mother  of  Sir  Ferdinando  was 
Cicely,  daughter  of  William  Lygon,  of  Madresfield,  Wor- 
cestershire, an  ancestor  of  the  present  Earl  of  Beauehamp. 
She  married,  secondly,  John  Vivian,  Esq. 

Edward  Gorges,  in  his  will,  bequeathed  to  his  son,  Fer- 
dinando, "  a  chayne  of  gold,  waying  23  oz.,"  one  hundred 
pounds  sterling,  and  his  "manor  of  Bridcomb,  Wraxall,  to 
have  and  to  hold  to  him  and  his  assigns,  for  and  during  the 
term  of  xxiv.  years,  if  he  shall  so  long  live."  The  date  of 
his  birth  is  given  in  the  genealogy  as  "between  1565  and 
1567."  He  was  knighted  for  gallatit  services  at  the  siege 
of  Rouen,  France,  by  Robert,  Earl  of  Essex,  in  1591.| 
Sir  Ferdinando  Gorges'  first  wife  was  Ann  Bell,  daughter 
of  Edward  Bell,  of  Writtle,  Essex.  They  were  married  at 
St.  Margaret's,  Westminister,  Feb.  24, 1589-90.  She  was 
buried  in  St.  Sepulchre's,  London,  Aug.  6,  1620.  They 
had  four  children, — John,  Robert,  Ellen,  and  Honoria  ;  the 
two  last  died  young.  He  married,  secondly,  Mary  Fulford, 
daughter  of  Sir  Thomas  Fulford,  and  sister  of  Bridget  Ful- 
ford, the  wife  of  Arthur  Champernown,  of  Dartington, 
Devon.  Mary  Fulford  was  the  widow  of  Thomas  Achim, 
of  Hall,  Cornwall,  whose  will  was  proved  1619.  She  died 
1623.  It  was  through  this  marriage  that  Francis  Cham- 
pernown (spelled  in  America  Champernoon),  the  son  of 
Arthur  and  Bridget  Champernown,  is  called  the  nephew  of 
Sir  Ferdinando  Gorges.  Sir  Ferdinando  married,  thirdly, 
Elizabeth  Gorges,  one  of  the  daughters  of  Tristram  Gorges, 
son  of  Sir  William  Gorges,  Kt.,  of  St.  Budeaux,  Devon, 
by  Elizabeth,  daughter  of  Marty n  Cole.  He  was  her  third 
husband.  She  died  in  1629.  They  had  no  issue.  He 
married,  fourthly,  Elizabeth  (Gorges)  Smyth,  third  daugh- 
ter of  Sir  Thomas  Gorges,  Kt.,  by  Helena  Shackeuburg, 
the  widow  of  William,  Marquis  of  Northampton.  They 
lived  at  Lower  Court,  called  sometimes  "  Ashton  Phillipps," 
Long  Ashton,  probably  the  dower  house  of  his  wife.  She 
died  about  1658.  Sir  Ferdinando  Gorges  died  at  Long 
Ashton,  and  was  buried  there  May  14, 1647.  His  will  was 
in  the  Diocesan  Registry  of  Wills,  Somerset,  but  cannot 
now  be  found. 

31uch  respecting  the  life  of  this  distinguished  man,  the 
founder  of  Maine  and  patron  of  the  earliest  settlements  in 
New  England,  will  be  found  in  the  State  papers  and  other 
printed  documents.  Reference  may  also  be  had  to  Old- 
mixon's  "History  of  the  Stewarts,"  vol.  i.  p.  76;  Seyer's 
"  History  of  Bristol,"  vol.  ii.  pp.  309  and  404  ;  Barrett's 
"  History  of  Bristol,"  p.  414;  "New  England  Historical 
and  Genealogical  Register,"  pp.  42-47  ;  "  Archseologia" 
of  the  Society  of  Antiquaries  (vol.  xxxv.  part  i.),  entitled 
"  New  Materials  for  a  Life  of  Sir  Walter  Raleigh,  by  J. 
Payne  Collier,"  read  before  the  society  June  22,  1853  ; 
also  iv.  Hume,  p.  350. 

Gorges  and  Sir  Walter  Raleigh,  whose  acquaintance  was 
intimate,  and  minds  equally  elastic  and  adventurous,  turned 
their  thoughts  at  an  early  day  to  the  American  hemisphere. 

Being  many  years  the  survivor,  he  had  the  superior  ad- 

J  Journal  of  the  Siege  of  Rouen,  by  Sir  Thomas  Coningsby;  edited 
by  John  Gough  Xichols,  F.A.S. 


HISTORY  OF   YORK    COUNTY,  MAINE. 


vantage.  He  took  into  his  family  several  transported  na- 
tives, and  by  listening  to  narratives  about  their  people  and 
country  he  was  amused,  informed,  and  animated.  Sanguine 
in  the  belief  that  rich  and  powerful  states  would  rise  in  this 
region,  his  mind  and  his  tongue  dwelt  with  rapture  upon 
the  theme. 

Although  his  schemes  may  have  been  sometimes  visionary, 
and  inspired  by  views  and  motives  out  of  harmony  with  the 
spirit  of  the  times,  yet  no  one  can  charge  him  with  dishon- 
esty or  a  lack  of  energy  in  the  pursuit  of  what  he  con- 
scientiously believed  to  be  right  and  to  the  best  iuterests  of 
the  early  colonists  whom  he  induced  to  come  to  New  Eng- 
land. In  religion  an  earnest  adherent  of  the  English 
Church,  he  never  manifested  bigotry  or  intolerance  towards 
other  forms  of  faith,  or  persecuted  Puritans,  Quakers,  or 
Dissenters. 

In  the  grand  patent  of  New  England  he  was  an  active 
and  able  member,  the  principal  advocate  of  their  rights,  and 
the  most  powerful  champion  in  their  defense.  None  did 
more  towards  planting  a  colony  at  Sagadahock,  and  subse- 
quent settlements  in  the  vicinity.  He  sacrificed  his  time, 
expended  his  money,  and  sent  over  his  own  sou  and  kindred, 
fully  confident  of  final  success. 

His  death,  at  the  advanced  age  of  seventy-four,  in  arms 
on  the  side  of  his  king,  from  whom  he  had  received  so 
many  tokens  of  favor,  gave  fuH  proof  of  his  fidelity ;  and 
his  life  and  name,  though  by  no  means  free  from  blemishes, 
have  just  claims  to  the  grateful  recollections  of  the  Eastern 
Americans  and  their  posterity. 

His  eldest  son,  John,  succeeded  to  his  estates  and  title  ;  a 
man  of  no  considerable  energy,  who  survived  his  father 
only  a  few  years.  He  left  a  son,  Ferdinando,  who  inherited 
the  title  and  some  of  the  energies    of  his  grandfather. 

We  turn  now  to  the  Rigby-Cleaves  government.  George 
Cleaves  had  no  sooner  received  the  decision  of  the  commis- 
sioners in  favor  of  the  title  of  Rigby  to  Lygonia,  than  he 
convened  a  court  under  the  authority  of  the  proprietor  at 
Saco  ;  at  which  place,  at  Casco,  and  at  Black  Point,  he 
held  sessions,  at  appointed  intervals,  three  or  four  times  a 
year.  The  style  of  the  court  was  the  "  General  Assembly 
of  the  Province  of  Lygonia,"  and  consisted  of  assistants 
and  deputies  chosen  by  the  people.  Founded,  as  this  gov- 
ernment apparently  was,  in  rightful  authority,  and  backed 
by  the  constant  menace  of  the  authorities  of  Massachusetts, 
it  was  useless  for  those  disaffected  towards  it  east  of  the 
Saco  River  to  make  any  resistance,  or  to  place  themselves 
in  an  unfriendly  relation  to  it.  Hence  we  find  several  of 
the  former  prominent  friends  of  Gorges  giving  in  their  ad- 
hesion, and  accepting  offices  under  Cleaves.  Among  these 
were  Henry  Jocelyn,  of  Black  Point,  and  Robert  Jordan, 
of  Spurwink,  who  soon  became  prominent  in  the  new  gov- 
ernment. The  officers  of  this  government  were  a  deputy 
president  and  six  assistants,  who  were  chosen  from  among 
the  justices  or  judicial  magistrates.  The  deputy  presidency 
was  conferred  by  Rigby  upon  George  Cleaves,  who  appears 
to  have  held  that  office  as  long  as  the  government  remained 
in  force. 

During  this  time  Cleaves  made  many  grants  of  land.  As 
early  as  May,  1647,  he  granted  to  Richard  Moore  four 
hundred  acres  at  Cape  Porpoise,  and  in  September  of  the 


same  year  he  conveyed  to  John  Bush  a  tract  in  the  village 
of  Cape  Porpoise.  He  also  made  grants  in  Scarborough 
and  Falmouth,  all  of  them  as  the  "  agent  of  Col.  Alexander 
Rigby,  President  and  Proprietor  of  the  Province  of  Ly- 
gonia." 

Records  of  only  three  courts  held  by  Cleaves  are  now  to 
be  found,  and  these  are  very  imperfect.  One  relates  to  a 
court  held  at  Black  Point,  by  George  Cleaves,  Henry 
Jocelyn,  and  Robert  Jordan,  in  which  merely  the  appoint- 
ment of  an  admini.strator  is  noticed ;  and  the  others,  held 
in  Casco  in  September  and  December  of  the  same  year,  ex- 
hibit the  proceedings  which  took  place  on  the  petition  of 
Robert  Jordan,  the  executor  of  John  Winter,  for  the  allow- 
ance of  his  claim  against  Trelawny.  The  proceedings  of 
the  Assembly  in  September,  1648,  are  subscribed  to  by 
George  Cleaves,  William  Royall,  John  Cousins,  Peter  Hill, 
and  Robert  Booth.  Royall  and  Cousins  were  from  Wes- 
custogo,  now  North  Yarmouth  ;  Hill  and  Booth  were  from 
Saco ;  Watts  was  from  Scarborough. 

The  government  of  Cleaves  possessed  considerable  energy, 
and  for  awhile  was  wafted  by  the  popular  breeze  of  repub- 
licanism. We  meet  with  nothing  in  the  records  to  indicate 
that  the  affairs  of  the  province  were  not  well  administered, 
and  conducted  without  interruption,  until  the  death  of 
Rigby,  which  took  place  in  August,  1650. 

Rigby  was  a  gentleman  of  excellent  character.  He  has 
been  described  as  "  the  patron  of  Episcopal  ministers  and 
the  friend  of  enterprising,  ignorant  poor."  His"  early  and 
generous  exertions  to  send  religious  instruction  to  his  prov- 
ince, to  the  islanders,  and  to  the  fishermen  upon  the  coast, 
were  conspicuous  before  his  purchase  of  Lygonia.  He 
encouraged  Richard  Gibson,  before  mentioned,  to  protract 
his  mission  in  these  parts,  and  was  a  friend  of  Robert  Jor- 
dan, an  Episcopal  clergyman  for  thirty-six  years  at  Rich- 
mond's Island  and  Spurwink,  where  he  lived  till  the  time 
of  the  first  Indian  war.  No  doubt  this  affinity  of  religion 
had  a  great  deal  to  do  with  the  reconciliation  of  Jordan, 
and  also  of  Jocelyn,  to  their  association  with  Cleaves  in  the 
Rigby  government. 

The  authority  of  Cleaves  seems  to  have  been  overturned 
by  political  combinations  among  his  associates.  At  least 
Cleaves,  who  was  in  England,  >o  reported  to  Edward  Rigby, 
son  of  the  proprietor,  after  the  decease  of  his  father,  who, 
on  the  19th  of  July,  1652,  wrote  a  letter  to  Henry  Joce- 
lyn, Robert  Jordan,  Thomas  Williams,  Arthur  Macworth, 
Robert  Booth,  Morgan  Howell,  John  Wadleigh,  Jonas 
Bailey,  Hugh  Mosier,  Thomas  Morris,  and  all  others  whom 
it  concerned  in  Lygonia,  severely  animadverting  upon 
their  conduct,  and  informing  them  that  all  political  power 
derived  from  his  late  father  had  expired  with  his  death. 
Portions  of  this  letter  will  here  be  quoted  to  set  the  matter 
in  a  clear  light.  After  speaking  touchingly  of  the  death 
of  his  father,  he  says, — 

"  I  am  greatly  displeased  with  the  muvements  and  illegal  proceed- 
ings among  you,  of  which,  according  to  the  information  derived  from 
bis  late  deputy  president,  you  are  the  instigators  or  advisers.  They 
were  unexpected  ;  nor  shall  your  wrongs  and  abuses  oiferedto  our  au- 
thority be  overlooked  without  due  and  timely  submission.  All  politi- 
cal power  derived  from  him,  you  must  be  aware,  expired  at  his  death  ; 
and  I  command  you  whom  I  am  addressing,  and  such  others  as  have 
been  commissioned  by  him  to  be  the  public  officers  of  the  Province,  to 


ADMINISTRATION    OF   EDWARD   GODFREY. 


desist  and  abstain  wholly  from  further  transactions  virtntc  ejfu-iif 
till  you  have  directions  from  me,  which,  1  assure  you,  will  be  com- 
municated without  delay. 

"Heartily,  Gentlemen,  do  I  regret  to  learn  that  my  father's  kind- 
ness and  generosity  towards  you,  and  his  confidence  in  your  probity, 
should  be  repaid  in  a  manner  so  wholly  prejudicial  to  his  interests 
and  mine.  Again,  let  me  tell  you,  that  if,  after  receiving  this  notice, 
you  do  not  lay  aside  your  private  and  secret  combinations,  and  ab- 
stain from  unlawful  measures,  and  unanimously  join  with  me  and  uiy 
deputy  and  other  officers  in  the  plans  devised  to  promote  the  peace 
and  good  of  the  Province,  I  shall  adopt  and  pursue  such  a  course 
towards  you  as  will  enforce  submission  and  effectually  rectify  all  your 
misdeeds  and  wrongs.  At  present  I  will  not  enumerate  them,  nor 
dispute  with  you  about  them.  Suffice  it  to  say,  iTiat  I  conreii'e  all  the 
o£icial  ach,  either  of  the  depttly  president,  the  six  (tssistrtnts,  the  Judges, 
or  atiy  other  officer  whulsoever,  in  the  commission  of  my  father,  done 
subsequently  to  his  decease,  which  was  in  August,  1650,  are  utterly 
void." 

The  letter  of  which  the  above  is  an  extract  was  written  in 
London,  on  the  19th  of  July,  1652.  It  put  an  utter  end  to 
the  expiring  government  of  Lygonia,  and  left  Saco,  the  seat 
of  it,  and  the  other  plantations  to  the  eastward  to  act  ac- 
cording to  the  dictates  of  discretion  and  policy.  Cleaves 
returned  to  Casco  the  following  year,  but  before  his  arrival 
Massachusetts  had  determined  that  her  charter  embraced 
both  the  rival  provinces  of  Gorges  and  Rigby,  and  the 
people  of  the  western  portion  bad  submitted  to  her  juris- 
diction. Before  giving  the  history  of  this  important 
change  in  civil  affairs,  it  will  be  necessary  to  revert  to  the 
government  established  in  the  eastern  portion  of  the  province 
under  Edward  Godfrey. 


CHAPTER    VI. 

ADMINISTRATION    OF   EDWAKD    GODFREY. 

The  Restricted  Province  of  Maine— Affairs  after  the  Death  of  Gorges 
—Death  of  Charles  I.-  Godfrey  Elected  Governor  of  Maine— Peti- 
tion to  the  House  of  Commons — Encroachments  of  Massachusetts — 
Articles  of  Submission  to  her  Jurisdiction  signed  at  Kittery  and 
York. 

In  our  preceding  chapter  we  had  brought  down  the  gov- 
ernment of  Lygonia  to  its  close  in  1652.  We  are  now  to 
go  back  to  1648,  and  consider  the  state  of  civil  affairs  in 
the  province  of  Maine, — i.e.,  the  restricted  province  of 
Gorges,  extending  to  the  Kennebunk  River.  These  two 
governments  were  co-exi.stent,  and  to  some  extent  rival  in- 
stitutions. The  inhabitants  were  nearly  equal  under  each, 
although  the  territorial  limits  of  Lygonia  considerably  ex- 
ceeded those  of  Maine.  In  neither  of  the  governments 
were  the  lines  distinctly  drawn  between  the  legislative,  ju- 
dicial, and  executive  departments.  The  same  tribunal  made 
laws,  tried  causes,  and  carried  their  sentences  into  execu- 
tion. The  administration  under  Gorges  possessed  the  most 
system  and  energy ;  that  under  Rigby  was  the  most  popu- 
lar, the  politics  and  sentiments  of  the  provincial  officers  being 
more  in  unison  with  the  triumphant  Republicans  in  Eng- 
land, and  the  Puritan  rulers  of  Massachusetts. 

The  certainty  of  the  death  of  Gorges  having  been  ascer- 
tained, the  people  of  Wells,  Gorgeana,  Kittery,  and  the  Isles 
of  Shoals  held  a  popular  convention  at  Gorgeana,  in  July, 
1649,  for  the  purpose  of  a  general  consultation  as  to  the 
best  measures  to  be  pursued  with  reference  to  the  govern- 


ment of  the  province.     A  free  discussion  was  had  upon 
their  rights,  duties,  and  difficulties. 

"  To  promote  the  settlement  and  the  greatest  good  of  the  country," 
said  they,  "  has  been  our  unchanging  purpose ;  in  which  we  have  en- 
deavored to  manage  and  regulate  its  affairs  according  to  the  express 
powers  given  in  the  charter  to  the  Lord  Proprietor,  the  ordinances 
established  by  hiui  and  the  Provinciiil  General  Court,  and  the  laws  and 
usages  of  England.  But  most  of  his  charter  councilors  have  departed 
the  province, — the  Parliament  of  England  has  commanded  us  not  to 
intermeddle  with  the  patent  to  Mr.  Rigby,— and  since  Sir  Ferdi- 
nando's  death  no  instructions  have  been  received,  nor  can  any  be 
reasonably  expected  from  the  parent  country,  so  long  as  it  is  filled 
with  the  present  distractions,  and  involved  in  civil  war." 

In  view  of  this  state  of  affairs, — entertaining  doubts  of 
the  continuance  of  the  governmental  powers  of  the  charter 
after  the  death  of  the  Lord  Proprietor,  and  perhaps  fear- 
ful to  offend  Parliament  if  they  acted  under  that  instrument, 
— after  premising  that  the  privileges  of  Agamenticus,  or 
Gorgeana,  should  be  preserved  entire,  they  formed  them- 
selves into  a  social  compact,  in  the  words  following : 

"  We,  with  orn  free  axd  voluntary  consent,  do  bind  ourselves 
in  a  body  politic  and  combination,  to  see  these  parts  of  the 
cou.ntry  and  province  regulated,  according  to  such  laws  as  have 
formerly  been  exercised,  and  such  others  at  shall  be  thought 
meet,  but  -not  repugnant  to  the  fundamental  laws  of  our  native 
Country."* 

Having  further  ordained  that  an  annual  election  of  Gov- 
ernor and  councilors  should  be  had  by  the  majority  of 
voters,  they  proceeded  immediately  to  elect  Edward  God- 
frey, Governor,  and  Richard  Leader,  Nicholas  Shapleigh, 
Thomas  Withers,  and  Edward  Rishworth,  Councilors.  Mr. 
Rishworth  was  also  appointed  secretary  or  recorder.  The 
administration  was  continued  in  the  same  hands  the  two 
following  years,  and  the  proceedings  were  conformed  substan- 
tially to  the  provisions  of  the  charter  and  the  usages  already 
existing.  "  Determined  according  to  the  dictates  of  wis- 
dom and  prudence  to  be  obedient  subjects  to  the  predomi- 
nant powers  of  the  realm,  they  professedly  approved  of 
their  measures,  and  when  they  heard  that  Charles,  their 
sovereign,  was  no  more,  and  that  the  reins  of  government 
were  in  the  hands  of  the  Commons,  they  readily  took  direc- 
tions from  that  body."  Dec.  1,  1651,  the  following  peti- 
tion was  sent  by  Governor  Godfrey,  with  the  concurrence 
of  his  court,  to  the  House  of  Commons : 

"  To  the  rlijht  hoiioralle  the  Council  of  State  appointed  by  Parlia- 
ment:  AVe  esteem  it  our  greatest  honor  and  safety  to  be  under  the 
present  government,  established  without  king  or  house  of  lords,  and 
request  the  benefit  and  the  common  safety  and  protection  of  our 
nation.  We  beg  leave  also  to  state  that  divers  inhabitants  of  this 
Province,  by  virtue  of  sundry  patents  and  otherwise,  hare  for  these 
twenty  years  been  under  the  power  and  guidance  of  Sir  Ferdinando 
Gorges,  who  had  these  parts  assigned  to  him  for  a  Province.  But  he 
being  dead,  and  his  son,  by  reason  of  heavy  losses  sustained,  taking 
no  care  of  our  political  welfare,  and  most  of  the  charter  Councillors, 
or  Commissioners,  having  died  or  departed  the  Province,  we  were 
under  the  necessity  of  combining  together  for  the  purposes  of  govern- 
ment and  self-protection,  according  to  the  laws  of  the  realm.  It  is 
our  humble  prayer,  therefore,  that  our  confederate  union  may  be  con- 
firmed ;  that  we  may  be  declared  members  of  the  Commonwealth  of 
England;  that  the  privileges  and  immunities  of  freeborn  Englishmen 
may  be  griinted  and  secured  to  ourselves  and  our  posterity  as  estab- 
lished rights  usually  enjoyed  by  other  Provincial  subjects;  and  that 
the  same  favors  may  be  bestowed  upon  us  as  upon  the  other 'Colonies. 
"  Per  me,  Edward  Godfrey,  Got., 

"  in  behalf  of  the  General  Court." 

-s  Massachusetts  Hist.  Soc.  Coll.,  vol.  i.  p.  163. 


HISTORY   OF   YORK   COUNTY,  MAINE. 


Previous  to  this  petition  to  the  House  of  Commons,  Mas- 
sachusetts had  determined  to  extend  her  jurisdiction  over 
the  eastern  provinces.  To  this  end,  in  1651,  at  the  Octo- 
ber session  of  the  General  Court,  it  was  directed  that  ad- 
dresses be  prepared  and  transmitted  to  Edward  Godfrey 
and  his  Council,  and  to  the  inhabitants  at  large  in  the 
Province  of  Maine,  acquainting  them  with  the  grounds  and 
reasons  of  their  claim.  They  also  appointed  three  of  their 
most  distinguished  citizens  commissioners,  viz.,  Simon 
Bradstreet,  a  venerable  councilor,  Daniel  Deunison,  com- 
mander-in-chief of  the  militia,  and  William  Hawthorne, 
Speaker  of  the  House,  with  instructions  to  repair  to  the 
province  and  admit  the  inhabitants,  by  their  consent,  into 
the  jurisdiction  of  Massachusetts.  Should  they  meet  with 
opposition,  they  were  directed  to  protest  against  all  pretended 
combinations,  governments,  or  exercises  of  authority  therein, 
and  in  general  to  proceed  according  to  the  dictates  of  their 
discretion.*  The  commissioners  made  their  appointed  visit, 
but  returned  without  success.  The  General  Court,  now 
fully  determined  to  pursue  her  claim,  ordered  a  survey  made 
of  the  boundaries  of  the  Massachusetts  charter,  which  was 
accordingly  done,  and  the  report  made,  showing  that  Maine 
as  far  east  as  Clapboard  Island,  near  the  mouth  of  the  Pre- 
sumpscot  River,  was  included  in  the  charter  of  that  colony. 
These  movements  met  with  decided  opposition  from  Gov- 
ernor Godfrey,  who  addressed  a  letter  to  the  General  Court, 
stating  his  surprise  and  resentment  at  their  conduct : 

"  An  attemiU  to  hold  the  Province  of  Maine  under  jour  charter," 
said  he,  "  or  by  any  legal  title,  without  the  p'retense  either  of  pur- 
chase, prior  possession,  or  anterior  claim,  and  also  without  the  peo- 
ple's consent,  is  the  height  of  injustice.  Far  different  treatment  have 
you  received  from  your  eastern  neighbors.  Yes,  when  that  charter 
of  yours  was  heretofore  threatened  with  a  quo  tcnrrauto,  at  the  Coun- 
cil Board  in  England,  and  your  agents  were  struck  with  the  muteness 
of  statues,  it  was  I  who  answered  the  objections  and  obviated  the 
cavils.  Hitherto  you  have  declared  yourselves  satisfied  with  your  own 
possessions,  as  bounded  on  a  line  parallel  with  the  Alerrimack,  three 
miles  distant  from  its  source,  and  its  northerly  bank,  following  its 
meanders  to  its  mouth;  whereas  you  are  now  bursting  your  bounds,  and 
stretching  your  claims  across  provinces  to  which,  till  lately,  no  man, 
however  visionary,  so  much  as  imagined  you  had  any  right.  Your 
commissioners,  it  is  true,  have  communed  with  us  plausibly  about 
equ.il  privileges;  yet  such  is  the  charity  you  have  heretofore  mani- 
fested towards  our  religion  and  other  interests,  that  we  trust  you  will 
excuse  us  if  we  are  the  more  wary  of  your  proposals  and  promises." 

This  spicy  letter  called  forth  a  reply  from  the  General 
Court,  signed  by  Edward  Rawson,  their  secretary,  of  the 
following  tenor  : 

"  Worshipful  Sir, — Our  patent,  by  Divine  Providence,  continues  to 
be  firmly  established,  under  the  great  seal.  It  is  true,  it  was  de- 
manded, yet  never  prosecuted  to  final  judgment ;  and  the  Common- 
wealth of  England  has,  by  e.iipress  recognition  since,  given  it  fresh 
and  full  validity.  Though  the  '  Grand  Patent  of  Plymouth'  has  been 
dissolved,  ours,  sanctioned  by  a  Royal  Charter,  has  successfully  en- 
countered every  attack.  Nor  do  we  now  claim  an  acre  beyond  its 
true  limits  ;  and  had  you  attentively  examined  its  articles,  you  must 
be  satisfied  with  the  correctness  of  our  construction.  For  several 
years  the  extent  of  our  jurisdictional  rights  were  not  fully  understood ; 
and  so  long  as  doubts  remained,— so  long  as  the  people  of  Maine  were 
contented  with  the  regular  charter  government  established  among 
them  and  a  friendly  intercourse  between  them  and  us  was  continued 
uninterrupted,— we  were  disposed  to  forbear,  though  we  have  never 
abandoned  the  pursuit  of  our  utmost  claim  and  right. 

"  In  your  resistance,  probably  a  majority  of  the  provincial  inhab- 

*2  Mass.  Records,  p.  84. 


itants  are  your  opponents;  for  they  are  greatly  desirous  of  being 
united  with  us,  and  they  richly  deserve  our  protection  and  assistance. 
Most  heartily  we  thank  you  for  your  service  rendered  us  before  the 
Lords  Commissioners  of  Plantations ;  but  nevertheless,  we  are  bound 
to  inform  you  that  the  inhabitants  and  lands  over  which  you  claim  to 
exercise  authority  are  within  the  jurisdiction  of  Massachusetts,  and 
that  we  demand  our  rights,  assuring  you  at  the  same  time  that  you 
all  shall  share  equal  acts  of  favor  and  justice  with  ourselves,  should 
a  coalescence  be  amicably  formed.  If,  however,  neither  rights  nor 
reasons  will  induce  you  to  hearken,  we  shall  continually /jro/e*/  against 
ail  further  proceedings  of  yours,  under  any  pretended  patent  or  com- 
bination whatever.  And,  finally,  that  our  conduct  and  record  in  this 
affair  may  be  such  as  will  be  promotive  of  God's  glory,  and  the  peace 
of  yourselves  and  us.  are  the  aim  and  prayer  of  your  cordial  friends. 
"Edward  R.iwson,  Secretnri/." 

GOVERNOR  Godfrey's  second  letter. 

'•Sir, — Our  rights  are  equally  invaluable  as  yours.  Though  you 
may  boast  of  being  owned  by  the  Commons  in  Parliament,  and  ex- 
pect to  dwell  in  safety  under  the  covert  of  their  wings,  we  also  are 
under  the  same  protective  power,  and  are  resolved  to  continue  in  the 
possession  and  exercise  of  our  privileges  till  that  venerable  body 
shall  otherwise  order.  The  dissolution  of  the  Grand  Patent  had  no 
more  effect  upon  ours  than  upon  yours.  Indeed  you  have,  in  various 
ways,  for  more  than  twenty  years  acknowledged  the  authority  of  our 
patent,  and  we  marvel  greatly  at  your  movements  and  discontent, 
more  especially  since  we  have  given  you  no  occasion ;  and  since  it 
has  been  solemnly  settled  long  ago  that  your  patent  should  begin  on 
the  sea-shore,  three  miles  northwardly  of  the  Merrimack.  If,  accord- 
ing to  your  intimations,  there  be  a  party  of  malcontents  among  us,  I 
am  acquainted  with  two  or  three  only  of  that  character,  and  these 
are  such  as  have  fallen  under  the  penalties  of  the  law.  Yet,  were 
they  tenfold  that  number,  it  were  neither  honorable  nor  just  to  pro- 
ceed against  us  on  such  grounds.  No  !  nor  yet  for  the  uncertain  and 
unknown  favors  which  you  proffer  ought  we  to  barter  away  our 
rights  and  dear-bought  liberties  ?  It  would  be  treason  !  To  talk 
gravely  of  artists  to  settle  your  latitude,  to  run  your  lines  and  survey 
your  limits,  in  these  parts,  is  preposterous.  We,  ourselves,  know 
something  of  geography  and  cosmography,  and  our  exclusive  aim  is 
the  good  and  peace  of  the  country. 

•'Edwakd  Godfrey,   dovernor." 

Upon  the  receipt  of  the  above  letter  three  commissioners 
were  sent  from  Boston  to  hold  a  conference  with  the  authori- 
ties of  Maine.  By  appointment,  they  met  Governor  God- 
frey and  his  Council  at  Kittery  Point  on  the  11th  of  July, 
1652,  where,  after  a  spirited  controversy,  they  were  unable 
to  come  to  any  terms  of  reconciliation.  The  commissioners, 
finding  their  adversaries  inexorable,  publicly  proclaimed  to 
the  people  of  Maine  the  right  of  Massachusetts  to  govern 
them  as  her  colonists.  They  protested  against  the  exist- 
ing government  as  having  no  binding  authority,  and  virtu- 
ally absolved  the  provincials  from  all  allegiance  to  Godfrey 
and  his  associates.  This  was  followed  by  another,  on  the 
part  of  Godfrey  and  his  Council,  remonstrating  and  com- 
plaining bitterly  that,  after  having  lived  twenty  years  in 
contentment,  and  expended  thirty-five  thousand  pounds 
in  money,  and  endured  innumerable  hardships  for  the 
sake  of  rational  and  civil  liberty,  they  must  now  submit  to 
the  dictation  and  control  of  others,  against  the  principles  of 
right  and  justice  and  against  their  own  consent. 

But  all  this  availed  nothing.  Oct.  23, 1652,  the  General 
Court  of  Massachusetts  issued  the  following  commission  : 

"  To  our  trusty  and  well-beloved  friends,  Mr.  Simon  Bradstreet.  Mr. 
Samuel  Simonds,  Major  Daniel  Dennison,  Capt.  William  Haw- 
thorne, Capt.  Thomas  Wiggin,  and  Mr.  Bryan  Pendleton  : 
'•  Where.as,  you  arc  chosen  Commissioners  by  this  to  settle  the  civil 

government  among  the  inhabitants  of  Kittery,  the  Isle  of  Shoals,  and 

so  to  the  most  northerly  extent  of  our  patent ; 


JURISDICTION   OF   MASSACHUSETTS. 


*'  You,  or  any  three  or  more  of  you,  are  hereby  authorized  and  re- 
quired, with  all  suitable  dispatch,  to  repair  to  those  parts  and  summon 
together  the  inhabitants,  in  places  which  you  shall  judge  most  con- 
venient, and  declare  unto  them  our  just  right  and  jurisdiction  over 
those  tracts  of  land  where  they  inhabit,  requiring  their  subjection, 
and  granting  them  equal  protection  and  privileges  with  ourselves. 

"  We  further  give  to  any  three  or  more  of  you  full  power  and 
authority  to  summon  and  hold  courts  there,  for  hearing  and  deter- 
mining all  causes,  civil  and  criminal,  according  to  the  statute  regu- 
lations and  usages  of  our  County  Courts;  to  appoint  commissioners, 
constables,  and  such  other  officers  as  you  shall  judge  needful  for  pre- 
serving the  peace  and  establishing  order  and  a  civil  administration  of 
justice  ;  to  invest  the  commissioners  with  such  powers  as  a  major  part 
of  you  shall  judge  meet,  and  administer  to  them  and  the  other  officers 
the  proper  oaths  ;  to  confirm  and  settle  all  lawful  properties  :  to  grant 
the  people  protection,  and  the  privileges  enjoyed  by  other  inhabitants 
within  our  jurisdiction,  and  otherwise  to  act  in  the  premises  as  this 
Court  shall  give  you  further  orders:  doing  wh-itever  in  your  wisdom 
and  discretion  will  be  most  conducive  to  the  glory  of  God.  the  peace 
and  welfare  of  the  inhabitants,  and  the  maintenance  of  our  own  just 
rights  and  interests. 

"  And  we  do  hereby  command  all  magistrates,  commissioners,  cap- 
tains, and  other  officers,  civil  and  military,  within  the  county  of  Nor- 
folk,* and  all  the  inhabitants  upon  the  Isles  of  Shoals,  and  those 
beyond  the  river  Piscataqua,  within  the  limits  of  our  patent,  to  be 
aiding  and  assisting  these  our  commissioners  as  they  shall  have  cause 
to  crave  or  require.  In  confirmation  of  all  which,  we  have  caused  the 
seal  of  our  colony  to  be  hereunto  affixed,  this  23d  day  of  October, 
1652."t 

Six  of  these  commissioners,  viz.,  Messrs.  Bradstreet  aud 
Simonds,  of  Boston ;  Wiggin,  of  New  Hampshire ;  and 
Pendleton,  of  Maine,  undertook  the  duties  assigned  them. 
They  opened  a  court  at  Kittery,  November  15th,  and  sent 
out  under  their  hand  a  summons  to  the  inhabitants,  requiring 
them  in  the  name  of  Massachusetts  to  assemble  at  the  house 
of  William  Everett,  between  the  hours  of  seven  and  eight 
o'clock  the  next  morning,  for  the  purpose  of  having  an  ad- 
ministration of  justice  established  among  them.  Most  of 
the  townsmen  attended,  and  the  conference  continued  four 
days.  The  inhabitants  at  length  proposed  to  subscribe  to 
the  article  of  submission,  provided  certain  conditions  pre- 
pared and  submitted  by  them  could  be  the  terms  of  union. 
The  court  refused,  saying  they  must  first  submit,  then  they 
could  have  a  guarantee  of  their  rights  and  privileges  All 
further  debate  being  useless,  on  the  20th  of  November 
forty-one  subscribed  to  the  following  article  : 

•'  We,  whose  names  are  underwritten,  do  hereby  acknowledge  our- 
selves subject  to  the  govern 


written,  do  hereby  aekn 
of  Massachusetts  Bav 


The  names  of  those  in  Kittery  who  subscribed  were  the 
the  following, in  alphabetical  order:  John  Andrews,  Philip 
Babb,  Mary  Baylie,  John  Bursley,  Humphrey  Chadbourne, 
William  Chadbourne,  Abraham  Culney,  Daniel  Davis,  John 
Diamond,  Dennis  Downing,  Thomas  Durston,  James  Emerie, 
Anthony  Emerie  (Emery),  William  Everett,  Nicholas  Frost, 
Charles  Frost,  John  Green,  Hugh  Gunnison,  John  Hoord, 
Reynold  Jenkins,  Thomas  Jones,  George  Leader,;};  Na- 
thaniel Lord,  Antepas  Hannericke,  Robert  Mendam,  Joseph 
Mill,  Hughbert  Mattome,  Richard  Nason,  William  Pal- 
mer, Daniel  Paul,  Christian  Renich,  Nicholas  Shapleigh,| 
Jemima  Shores,  Thomas  Spencer,  Thomas  Spinney,  Jona- 

*  New  Hampshire  was  then  Norfolk  County. 
t  2  Massachusetts  Records,  p.  128. 

X  Former  members  of  Godfrey's  Council.  The  names  above  in- 
cluded most  of  the  heads  of  families  in  Kittery. 


than  Simonds,  Richard  Thomas,  Robert  Weymouth,  John 
White,  Gowen  Wilson,  John  Wincoln,  Thomas  Withers.| 
In  the  proceedings  of  the  commissioners  at  Agamenticus 
(York),  on  the  22d  of  November,  a  spirited  discussion  took 
place,  in  which  Governor  Godfrey  was  the  leader.  The 
opposition  remained  inflexible  till  a  formal  vote  was  called, 
when  it  was  found  that  a  large  majority  were  in  favor  of 
the  articles.  The  Governor  then  submitted  with  the  rest. 
Their  names  are  as  follows,  alphabetically  arranged  :  Philip 
Adams,  Sampson  Angier,  John  Alcoke,  Joseph  Alcoke, 
Samuel  Alcoke,  Richard  Banks,  Nicholas  Bond,  George 
Beanton,  Arthur  Bragdon,  Richard  Codagon,  Thomas 
Crockett,  Thomas  Cartoons,  John  Davis,  Nicholas  Davis, 
John  Davis  (2d),  William  Dickson,  Thomas  Donnell, 
Henry  Donnell,  Robert  Edge,  William  EUingham,  Andrew 
Everett,  William  Freathie,  Hugh  Gaile,  Edward  God- 
frey, William  Gomsey,  John  Gouge,J  John  Harker, 
Philip  Hatch,  Robert  Hetherse,  William  Hilton,;];  Edward 

Johnson,];  Robert  Knight,  Lewis,  William    Moore, 

Henry  Norton,  John  Parker,  George  Parker,  Abraham 
Preble,];  Francis  Raynes,  William  Rogers,  Edward  Rish- 
worth,];  Edward  Start,  Sylvester  Stover,  Mary  Tapp  [acts 
only],  John  Tisden,  Sr.,  John  Tisden,  Jr.,  Edward  Wen- 
tome,  Thomas  Wheelwright,];  Peter  Wyer,  Roland  Young. 


CHAPTER    VII. 

JUBISDICTIOKT    OF    MASSACHUSETTS. 

Terms  of  Submission — Organization  of  Towns — York  made  the  Shire 
Town  — Court  at  York — York  and  Kittery  Represented  in  the 
General  Court— Submission  of  Wells,  Saco,  and  Cape  Poi-poise — 
Their  Incorporation  as  Towns — Order  to  Collect  and  Preserve  all 
the  Records  of  Former  Administrations. 

The  terms  upon  which  the  people  of  Kittery  and  Aga- 
menticus acceded  to  the  submission  and  formed  a  coales- 
cence with  Massachusetts,  have  been  classified  and  arranged 
under  the  following  articles,  as  ordinances  of  the  commis- 
sioners : 

L  The  Isles  of  Shoals  and  all  the  territory  northward  of 
Piscataqua,  belonging  to  Massachusetts,  were  erected  into  a 
county  by  the  name  of  Yorkshire.  A  county  court  was 
established,  to  be  holden  alternately  in  Kittery  and  Aga- 
menticus, at  appointed  times  twice  a  year,  by  such  magis- 
trates or  assistants  as  the  General  Court  might  from  time  to 
time  designate,  assisted  by  three  or  five  resident  associates, 
elected  for  the  purpose  within  the  county.  The  jurisdic- 
tion and  authority  of  this  court,  in  matters  civil  and 
criminal,  were  to  be  equal  with  those  of  the  same  tribunals 
in  Massachusetts,  and  the  court  was  also  directed  to  ap- 
point three  commissioners  jn  each  township  to  decide  petty 
causes  where  there  was  uo  resident  magistrate. 

2.  Kittery  was  recognized  as  a  municipal  township,  and 
the  settlements  of  Agamenticus  were  made  a  town  by  the 
name  of  YoRK ;  and  both  at  the  same  time  received  a 
guarantee  of  equal  privileges  with  other  towns  of  Massa- 
chusetts, having  severally  the  right  and  the  liberty  of  elect- 


HISTORY  OF  YORK  COUNTY,  MAINE. 


ing  every  year  to  the  General  Court  one  or  two  deputies  or 
representatives,  as  the  voters  might  prefer. 

3.  The  inhabitants,  having  taisen  the  oatli  of  freemen, 
were  eHgible  to  any  place  of  trust  or  honor  within  the  gov- 
ernment, and  invested  with  full  right  to  vote  for  Governor, 
assistants,  and  other  general  ofiBcers  of  the  country.  They 
were  also  to  enjoy  equal  acts  of  favor  and  justice  with  the 
people  on  the  southerly  side  of  the  Piscataqua,  and  no  per- 
son was  ever  to  be  drawn  out  of  this  county  to  any  ordinary 
or  general  trainings  without  his  own  express  consent. 

4.  Each  of  the  towns  and  evei-y  inhabitant  were  forever 
to  possess  and  enjoy  all  their  just  rights  of  property,  titles, 
and  interests  in  the  lands  and  houses  which  they  held  and 
had  occupied,  whether  by  grant  of  the  proprietor,  the  town, 
the  Indians,  or  their  former  General  Courts. 

5.  The  boundaries  of  Kittery,  York,  and  Wells  were  to 
be  examined  and  set  out  anew  within  the  ensuing  year  by 
their  respective  townsmen,  or  by  a  committee  appointed  by 
the  General  Court.  Until  they  were  so  examined  and  settled 
they  were  to  remain  as  originally  granted,  or  according  to 
the  survey  and  return  of  agents  theretofore  appointed  by 
Provincial  General  Court.  If,  when  the  lines  were  run, 
they  should  cross  the  marshes  or  lands  in  Kittery  and 
York  in  new  places,  the  ownership  of  the  soil  was  not  to 
be  thereby  affected. 

6.  To  all  who  were  admitted  freemen  the  commissioners 
awarded  an  indemnity,  and  pronounced  all  breaches  of  the 
penal  laws,  and  all  the  acts  and  exercises  of  civil  govern- 
ment by  them  prior  to  October,  mentioned  in  the  last  pro- 
test, to  be  forever  exempt  from  prosecution. 

7.  To  receive  the  imposts  and  other  moneys  due  to  the 
corporations  of  Kittery  and  York,  and  pay  what  they  were 
severally  owing  for  public  services,  supplies,  or  otherwise, 
the  commissioners  appointed  Nicholas  Shapleigh  collector, 
and  directed  him  to  make  a  report  of  his  proceedings  to 
them  within  one  month.  And  in  case  of  insufficiency 
collected  to  discharge  the  people's  engagements,  it  was  to 
be  supplied  by  an  assessment,  or  rates,  according  to  the 
former  custom.  The  commissioners  also  appointed  Mr. 
Shapleigh  "  Shire  Treasurer," — an  office  which  was  ordered, 
subsequently,  to  be  filled  from  year  to  year  by  the  County 
Court. 

8.  In  organizing  an  administration  of  justice,  several 
men  of  intelligence  and  distinction  in  each  town  were 
appointed  town  commissioners,  who  were  authorized  to 
meet  in  their  respective  towns  between  the  terms  of  the 
County  Court,  and,  with  the  associates,  hear  and  determine, 
without  a  jury,  all  civic  causes  or  personal  actions  not 
exceeding  ten  pounds.  Also,  each  commissioner  or  magis- 
trate, in  his  own  town,  was  empowered  to  sit  alone  in  judg- 
ment, and  decide  upon  misdemeanors  and  petty  offenses, 
and  in  pecuniary  trials  of  forty  shillings,  and  at  his  discre- 
tion to  bind  the  offenders  to  keep  the  peace,  admit  them  to 
bail,  or  commit  them  to  prison.  They  were,  moreover, 
severally  invested  with  authority  to  solemnize  marriages, 
and  to  administer  all  qualifying  oaths,  as  well  to  those  who 
might  wish  to  become  freemen  as  to  those  elected  or 
appointed  to  office. 

9.  Any  two  of  the  commissioners  were  empowered  to 
confirm  or  sanction  the  choice  of  all  military  officers  of  and 


under  the  rank  of  a  captain  ;  to  grant  licenses  to  keep 
taverns  or  ordinaries,  and  for  retailing  spirituous  liquors 
and  wines ;  and  it  was  enjoined  upon  them  to  provide  their 
respective  towns  with  "  The  Book  of  the  Laws,''  and  such 
other  acts  as  had  been  passed  "  since  the  last  book  came 
forth  in  print." 

The  Massachusetts  Commissioners  next  proceeded  to 
select  and  constitute  the  officers  necessary  to  carry  these 
regulations  into  effect.  The  town  commissioners  they  ap- 
pointed in  York  were  Edward  Godfrey,  Abraham  Preble, 
Edward  Johnson,  and  Edward  Rishworth ;  in  Kittery, 
Bryan  Pendleton  and  Thomas  Withers, — Hugh  Gunnison, 
associate. 

A  county  court,  formed  by  a  Massachusetts  magistrate 
and  one  of  the  above  sets,  was  to  hold  a  term  in  their  re- 
spective towns  once  a  year,  having  power  to  try  all  causes 
not  capital.  Grand  and  petit  or  trial  juries  were  also  to  be 
appointed  at  each  term  of  the  court,  summoned  proportion- 
ately from  the  towns  of  York  and  Kittery.  Edward  Rish- 
worth was  appointed  clerk  of  the  writs  and  county  recorder, 
and  Henry  Norton  was  chosen  marshal.  The  constables 
appointed  and  sworn  were  four,  viz.,  Thomas  Davison  and 
Robert  Mendam,  of  Kittery  ;  Nicholas  Davis,  of  York  ;  and 
Philip  Babb,  of  Hog  Island,  whose  jurisdiction  extended 
to  all  the  Isles  of  Shoals  except  Star  Island.  The  keep- 
ers of  ordinaries  licensed  were  John  Davis,  of  York,  and 
Hugh  Gunnison,  of  Kittery.  The  latter  was  required  to 
pay  a  license  of  "  20s.  the  butt"  on  liquor  dispensed  to  his 
customers. 

The  General  Court  held  at  Boston  in  May,  1653,  ad- 
mitted for  the  firet  time  two  representatives  from  Maine ; 
they  were  John  Wincoln,  of  Kittery,  and  Edward  Rish- 
worth, of  York.  At  the  same  session  five  town  commis- 
sioners were  appointed,  upon  the  Isle  of  Shoals,  to  deter- 
mine small  causes  of  £10,  and  in  other  respects  to  act  as 
magistrates.  Also  the  chief  military  officer  there  was  di- 
rected to  take  command  of  the  militia  upon  all  the  islands. 

The  first  county  court  under  Massachusetts  was  held  at 
York  on  the  30th  of  June,  1653.     The  record  is  as  fol- 


"The  Court  holden  this  30th  of  June,  165.3,  at  York,  in  the  County 
of  York,  by  the  Right  Worshipful  Richard  Bellingham,®  Esq.,  Capt. 
Thomas  Wiggin,  Magistrates  :  Edward  Godfrey,  Capt.  Nicholas  Shap- 
leigh, Edward  Rishworth  (Recorder),  Associates  for  the  present  year 
for  the  said  county.'' 

Among  other  acts  at  this  session  the  court  commanded 
the  inhabitants  of  Kittery  and  York  severally  to  elect  three 
associates  to  assist  at  future  sessions  of  the  court,  accord- 
ing to  established  law,  instead  of  the  local  or  special  com- 
missioners mentioned. 

When  the  business  of  the  court  was  finished,  the  board 
of  legislative  commissioners,  Messrs.  Bellingham,  Dennison, 
Wiggin,  Rawson,  and  Pendleton,  repaired  to  Wells,  and 
immediately  summoned  the  inhabitants  of  that  town,  Saco, 
and  Cape  Porpoise  to  convene  at  the  house  of  Joseph  Emer- 
son, July  4th,  for  the  purpose  of  being  admitted  freemen 
-of  the  colony.  On  the  day  appointed  six  in  Wells  took 
the  oath,  and  on  the  day  following  twenty  others,  the 
names  being  as   follows:  Samuel  Austin,  John  J.  Barrett, 

*  Mr.  Bellingham  was  lieutenant-governor  of  Massachusetts. 


JURISDICTION   OF   MASSACHUSETTS. 


John  Barrett,  Henry  Boad,  Joseph  Bowles,  John  Buck, 
Nicholas  Cole,  William  Cole,  Joseph  Emerson,  John  Gooch, 
William  Homans,  Ezekiel  Knight,  Arthur  Littlefield, 
Francis  Littlefield,  Thomas  Littlefield,  Edmund  Littlefield, 
Francis  Littlefield,  Jr.,  Thomas  Millot,  John  Smith,  John 
Saunders,  John  Thing,  John  Wadly  (Wadleigh?),  Robert 
Wadly,  John  Wakefield,  John  White,  William  Wardell, 
and  Arthur  Warmstall.  Richard  Ball,  Edmund  Clark, 
John  Elson,  and  Richard  Moore  were  admitted  afterwards. 

The  next  town  called  was  Saco.  More  than  common 
interest  was  felt  in  her  decision,  as  she  was  the  most  con- 
siderable plantation  within  the  Lygonia  patent,  and  had 
been  the  seat  of  the  governments  now  to  be  superseded  by 
the  authority  and  jurisdiction  of  Massachusetts.  She  had, 
however,  had  enough  experience  in  a  state  of  civil  affairs 
which  had  degenerated  into  revolution  and  anarchy,  and 
which  offered  no  promise  of  anything  better  in  the  future. 
Her  people  were  therefore  ready  for  the  change,  and  on 
the  first  call  sixteen  subscribed  to  the  submission  and  took 
the  oath.  Their  names  are  as  follows :  George  Barlow, 
Robert  Boothe,  Richard  Cowman,  James  Gibbins,  Thomas 
Hale,  Peter  Hill,  Philip  Hinkson,  Richard  Hitchcock, 
Christopher  Hobbs,  Thomas  Reading,  Thomas  Rogers, 
William  Seadlock,  Ralph  Tristram,  Henry  Waddock,  John 
West,  and  Thomas  Williams.  To  this  list  John  Smith, 
one  of  the  original  patentees  of  Lygonia,  caused  his  name 
to  be  added  by  proxy.* 

At  the  same  session  in  Wells  twelve  from  Cape  Porpoise 
appeared  before  the  commissioners,  and  by  subscribing  a 
submission  and  taking  the  oath,  as  others  had  done,  all 
became  freemen  of  Massachusetts.  The  names  of  the  sub- 
scribers are  John  Barker,  Stephen  Batons,  Andrew  Bussey, 
John  Cole,  Gregory  Hoskeries,  Morgan  Howell,  George 
Jeffreys,  Grifiin  Montague,  William  Reynolds,  Christopher 
Squirrell,  Simon  Teoft,  Peter  Tenbatt,  and  Thomas  Warner.f 

The  commissioners  at  this  time  erected  the  plantations  of 
Wells,  Saco,  and  Cape  Porpoise  into  towns,  and  consti- 
tuted them  municipal  portions  of  Yorkshire.  They  were 
made  eligible  to  ail  the  rights  and  privileges  of  the  other 
towns,  with  the  exception  of  sending  representatives  to  the 
General  Court. 

Henry  Boade,  Thomas  Wheelwright,  and  Ezekiel  Knight 
were  appointed  town  commissioners  for  Wells ;  and  these, 
with  John  Wardly  and  John  Gooch,  were  designated  select- 
men. Joseph'  Bowles  was  appointed  clerk  of  the  writs, 
and  Jonathan  Thing  constable. 

The  town  commissioners  of  Saco  were  Thomas  Williams, 
Robert  Boothe,  and  John  West,  who  were  also  the  select- 
men. William  Seadlock  was  clerk  of  the  writs,  and  Ralph 
Tristram  constable.  Grifiin  Montague  was  constable  for 
Cape  Porpoise. 

The  Massachusetts  commissioners,  as  a  board,  possessed 
sovereign  power  and  authority,  and  yet  it  must  be  admitted 
that  they  exercised  it  without  abuse.  In  a  liberal  and  gen- 
erous spirit  they  expressly  stipulated  that  the  inhabitants 
of  all  the  towns  of  Maine  should  be  forever  exempt  from 
public  or  colony  taxes,  being  obliged  to  defray  only  their 
own  charges,  including  those  of  their  courts,  and  to  dis- 

*  1  Williamson,  p.  350. 

t  2  Mass.  Rec,  p.  190  ;  Williamson,  p.  .351. 


charge  their  own  debts.  Their  acts  and  measures  extended 
to  matters  prudential,  judiciary,  executive,  and  ecclesias- 
tical. In  some  of  these  they  descended  to  minute  local 
affairs.  For  instance :  the  inhabitants  of  Wells,  Saco,  and 
Cape  Porpoise  were  required  within  one  year  to  lay  out  and 
make  a  road  from  town  to  town,  sufficient  for  footmen  and 
horses,  and  to  clear  and  fit  for  carts  the  highways  from 
house  to  house,  within  their  respective  towns,  otherwise 
their  delinquency  would  incur  a  fine  of  ten  pounds.  They 
licensed  "  Robert  Boothe,  a  pious  layman,"  to  hold  religious 
services  in  Saco  till  some  "  provision  should  be  made  by  law 
for  supplying  this  and  other  destitute  places  with  accredited 
ministers."  They  silenced  George  Barlow,  an  erratic  and 
visionary  declaimer,  of  Saco,  who  had  been  complained  of 
to  them  as  a  disturber  of  the  peace;  commanding  him 
never  more  to  "  preach  or  prophesy"  in  this  place,  assuring 
him  that  his  disobedience  would  expose  him  to  pay  a  fine 
of  ten  pounds  and  cost. J  In  the  case  of  John  Baker,  of 
Cape  Porpoise,  excommunicated  for  •'  uttering  opprobrious 
speeches  against  ministers  of  the  gospel,"  pretending  to 
have  "  a  spirit  of  prophecy,"  and  other  things  charged  against 
him,  the  Board  heard  the  evidence,  put  the  said  Baker 
under  a  recognizance  of  twenty  pounds  to  appear  and  answer 
at  the  next  County  Court  in  Yorkshire,  to  be  of  good  be- 
havior in  the  mean  time,  and  never  more  preach  publicly  in 
any  part  of  the  colony.  These  acts  were  acknowledged  as 
favors,  for  Maine  at  that  time  was  cursed  with  irresponsible, 
self-constituted  pretenders  to  the  ministry,  and  many  com- 
munities "  were  disquieted  by  new-fangled  doctrines,  or  rent 
in  pieces  by  turbulent,  self-willed,  noisy  disputants,  or  dis- 
orderly communicants."  Three  persons  classed  in  this 
category,  viz.,  Henry  Boade,  Edmund  Littlefield,  and  Wil- 
liam Wardwell,  had  been  excommunicated  from  the  church 
in  Wells  ;  the  commLssioners  heard  the  facts  in  the  case 
and  sanctioned  the  excommunication,  admonishing  them  to 
desist  from  all  acts  of  obstinacy  and  disturbance,  and  pursue 
a  Christian  course  of  conduct,  lest  they,  who  had  professed 
themselves  to  be  the  disciples  of  peace,  should  at  last  be 
the  subjects  of  penal  severity.§ 

Apprehensive  of  meeting  with  difficulties  in  their  attempts 
to  execute  their  commission  further  eastward,  the  board 
closed  their  official  services  with  the  following  Protest,  which 
the  marshal  of  the  county  publicly  proclaimed : 

"  Whereas,  we  have  declared  the  right  of  the  Massachusetts  gov- 
ernment to  the  towns  of  Wells,  .Saco,  and  Cape  Porpoise;  and  the  in- 
hahitants  thereof,  being  summoned,  did  appear  before  us  at  Weils,  on 
the  5th  of  July,  1653,  and  acknowledge  themselves  subject  thereto, 
and  took  the  oath  of  freemen  and  fidelity  to  that  colony ;  and  the  un- 
dersigned, her  commissioners,  have  appointed  and  settled  a  govern- 

"  We  do  now,  therefore,  protest  against  all  persons  whatever  that 
shall  challenge  jurisdiction,  or  that  shall  e.xercise  any  act  of  authority 
over  them,  or  over  any  other  persons  to  the  northward,  inhabiting 
within  the  limits  of  our  patent,  which  doth  extend  to  the  latitude  43° 
43'  7"  northwardly,  but  what  shall  be  derived  from  us  as  Commission- 
ers or  from  the  General  Court  of  Massachusetts. 

"  Given  under  our  hands  at  Wells,  in  the  county  of  York,  July  6, 
1653. 

"  Richard  Beelingham. 

"  Daniel  Desnisos. 

"Thomas  Wiggik. 

"  Edward  Rawsox. 

"Bryan  Pendletos." 


j  2  Mass.  Rec,  p. 


^  Ibid.,  p.  187. 


HISTORY  OF  YORK   COUNTY,  MAINE. 


The  change  already  effected  was  followed  by  a  legislative 
order  to  collect  all  the  remaiuing  records  of  different  admin- 
istrations in  Maine  into  one  office,  appointed  to  be  kept  by 
the  County  Recorder.  In  pursuance  of  this  order  the  col- 
lection of  judicial,  legislative,  and  executive  proceedings, 
including  many  curious  laws  and  ordinances,  and  not  a  few 
cases  which  shed  a  quaint  and  even  ludicrous  light  upon 
the  customs  and  manners  of  the  early  times,  has  been 
wonderfully  preserved  through  subsequent  wars  and  numer- 
ous other  perils,  and  are  now  to  be  seen  in  the  offices  of 
the  clerk  of  the  courts  and  register  of  deeds  in  the  county 
of  York.  This  collection  is  invaluable  to  the  historian  : 
from  it  we  have  made  many  quotations  in  the  foregoing 
chapter,  and  we  shall  make  others  equally  interesting  as  we 
proceed. 

The  whole  number  of  men  in  the  five  towns  who  at  first 
signed  the  act  of  submission  was  about  one  hundred  and 
fifty ;  others  took  the  oath  afterwards.  The  public  mind 
became  very  much  tranquillized  ;  still  there  was  a  large 
and  formidable  minority,  and  in  its  ranks  were  several  men 
of  the  largest  wealth  and  influence  in  the  eastern  planta- 
tions. One  of  these  was  George  Cleaves,  of  Casco,  late 
deputy  president  of  Lygonia  ;  another  was  John  Bonython, 
of  Saco,  a  turbulent  and  lawless  man,  who  had  been  con- 
demned by  the  court  as  an  outlaw  ;  a  third  was  Henry 
Jocelyn,  of  Black  Point  (Scarborough),  formerly  one  of 
Gorges'  Council  ;  and  a  fourth  was  Robert  Jordan,  of 
Spurwink  (Cape  Elizabeth),  an  Episcopal  clergyman  of 
learning,  and  the  proprietor  of  a  large  estate.  There  were 
many  other  malcontents,  though  of  less  boldness,  activity, 
and  influence. 

Cleaves  was  in  England  when  the  first  measures  of  the 
General  Court  towards  subjecting  Maine  were  undertaken. 
The  court  sent  him  a  conciliatory  and  respectful  letter, 
stating  anew  to  him  the  grounds  of  the  claim,  the  gener- 
ous course  pursued,  and  the  voluntary  submission  of  five 
towns,  assuring  him  of  their  determination  to  prosecute  and 
maintain  the  rights  of  their  patent  still  further  eastward  ; 
and  that,  if  the  obstinacy  of  opposers  could  not  be  abated 
by  reason,  justice,  and  liberal  treatment,  they  must  expect 
rigor.  After  repeated  and  exhaustive  efforts  on  the  part 
of  the  General  Court  for  a  period  of  about  three  years, 
during  which  every  reasonable  inducement,  urged  to  gain 
the  consent  of  the  people  of  Lygonia,  was  met  by  stubborn 
opposition  on  the  part  of  Cleaves,  Jocelyn,  Jordan,  and 
their  associates,  the  government  of  Massachusetts  resolved 
to  enforce  her  claim  by  stronger  measures. 

The  militia  was  considered  at  this  early  day  the  safe- 
guard of  the  public  ;  and  the  General  Court  caused  military 
companies  to  be  formed  in  Kittery,  York,  Wells,  and  Cape 
Porpoi.se,  erected  the  whole  into  a  regiment,  and  appointed 
Nicholas  Shapleigh  sergeant-major  and  commandant.  He 
was  also  required  to  meet  with  the  company  officers  for 
improvement  in  military  tactics,  and  to  see  that  the  soldiers 
were  well  armed,  equipped,  and  disciplined.  This  was  in 
1656.  In  August  of  this  year  seventy  of  the  inhabitants 
of  Saco,  Cape  Porpoise,  Wells,  York,  and  Kittery  addressed 
a  petition  to  Cromwell,  Lord  Protector  of  England,  stating 
that  they  were  "a  people  few  in  number,  not  competent  to 
manage  weighty  affairs,"  and  praying  to  be  continued  under 


the  government  of  Massachusetts.  The  malcontents  in 
Lygonia  had  previously  addressed  a  letter  to  Cromwell 
complaining  of  Massachusetts,  whom  they  charged  with 
"  usurpation  and  avarice,"  to  counteract  which  she  had 
furnished  Mr.  John  Leverett,  her  minister  at  London,  with 
facts  and  instructions  which  insured  the  continued  good 
graces  of  the  Lord  Protector. 

In  1657  the  inhabitants  within  the  patent  eastward  of 
Saco  were  summoned  to  appear  before  the  County  Court  at 
the  June  term  in  Yorkshire,  for  the  purpose  of  taking  the 
oath  of  allegiance.  They  paid  no  regard  to  the  summons. 
They  were  then  commanded  to  answer  for  their  default 
before  the  General  Court  in  October,  to  which  they  replied 
through  Cleaves,  protesting  against  the  legality  of  the  legis- 
lative authority,  and  declaring  their  firm  intention  to  main- 
tain their  independence.  The  court  met  this  threat  in  a  spirit 
of  conciliation  and  reason,  assuring  them  that  nothing  but 
equal  justice  and  the  good  of  all  concerned  were  intended. 
This  mildness  and  forbearance  had  the  effect  of  disarming 
in  a  great  measure  their  resentment,  and  prepared  the  way 
for  an  amicable  arrangement  which  was  soon  entered  into 
for  the  establishment  of  the  contemplated  union.  ]\Iean- 
time,  Jordan,  Jocelyn,  and  Bonython,  on  account  of  their 
violent  opposition,  had  been  arrested  by  order  of  the  Gen- 
eral Court  and  taken  before  that  body,  where,  for  the  sake 
of  regaining  their  liberty  and  avoiding  fines,  they  thought 
it  most  prudent  to  subscribe  to  a  humble  submission,  and, 
after  taking  the  oath  of  allegiance,  were  discharged.* 

The  commissioners  appointed  by  the  General  Court  to 
take  the  submission  of  Lygonia  were  Samuel  Simonds, 
Thomas  Wiggin,  Nicholas  Shapleigh,  and  Edward  Rish- 
worth.  With  instructions  to  admit  the  remaining  eastern 
inhabitants  of  the  patent,  settle  a  government  among  them, 
and  give  them  a  guarantee  of  equal  rights  enjoyed  by  other 
freemen  of  the  colony,  they  repaired  to  the  house  of  Robert 
Jordan,  at  Spurwink,  where,  on  the  13th  of  July,  1658,  a 
conference  was  held,  and  after  mutual  agreement  upon  terms 
of  union,  thirty-three  of  the  inhabitants  subscribed  to  the 
freeman's  oath. 

Thus  was  the  jurisdiction  of  Massachusetts  extended  over 
all  the  territory  embraced  within  her  charter.  The  rights 
and  privileges  granted  to  the  eastern  section  were  the  same 
as  those  which  had  already  been  conferred  upon  the  western. 
The  article  granting  religious  toleration  was  not  only  a  just 
but  a  wise  concession  to  a  people  differing  generally  in  re- 
ligious belief  from  the  Puritan  faith  prevailing  and  estab- 
lished by  law  in  Massachusetts  and  in  the  other  colonies  in 
alliance  with  her.  Although  the  original  province  of  Maine 
could  not  be  admitted  into  the  union  of  colonies  on  account 
of  a  difference  of  religious  faith,  it  was  deemed  wise  by 
Massachusetts  to  waive  that  condition  for  the  purpose  of  ex- 
tending her  dominion  over  the  same  province  a  few  years 
later,  and  guarantee  that  difference  of  religion  shall  work 
no  forfeiture  or  abridgment  of  civil  rights.  The  fifth  article 
of  the  compact  is — 

"  That  none  of  the  privileges  hereby  granted  and  secured  shall  ever 
be  forfeited  by  reason  of  any  difference  in  matters  of  religion,  nor  be 
affected  otherwise  than  by  known  and  established  ordinances  and  pe- 
nal laws  formally  enacted  by  the  General  Court.'' 


Sulliv 


n,  p.  371; 


Willia 


n,  p.  391. 


KEVIVAL  OP   THE  GORGES   CLAIM. 


By  the  action  of  the  commissioners  Scarborough  and  Fal- 
mouth were  erected  into  towns,  and  there  was  now  a  chain 
of  incorporated  uiunicipaHties — seven  in  number — extend- 
ing along  the  entire  sea-coast  from  the  Piscataqua  to  the 
Presumpseot. 

In  1(359,  Falmouth  and  Scarborough,  unitedly,  elected 
Edward  Rishworth,  of  York,  their  first  representative  to 
the  General  Court.  Saco  was  admitted  to  the  privilege 
about  the  same  time,  and  elected  Robert  Boothe. 

The  delegation  from  Yorkshire  now  consisted  of  five 
members,  and  might  be  ten  if  the  towns  sent  all  they  were 
entitled  to.  The  assistants  designated  this  year  to  preside 
in  the  County  Court  of  Yorkshire  were  Thomas  Danforth 
and  Thomas  Wiggin  ;  and  the  people  of  JIaine,  in  their 
connection  with  Massachusetts,  enjoyed  peace  and  pros- 
perity several  years.  In  the  County  Court  held  at  Scar- 
borough in  September,  1659,  Henry  Jocelyu,  Nicholas 
Shapleigh,  Robert  Jordan,  Edward  Rishworth,  and  Abra- 
ham Preble  were  associates.  It  had  been  so  arranged  that 
one  term  should  be  held  annually  in  the  western,  and  one 
in  the  eastern  part  of  Yorkshire. 


CHAPTER    VIII. 

KEVIVAL  OF   THE   GOKGES   CLAIM. 

Restoration  of  Charles  II.— Effect  on  the  Royalists— The  Gorges 
Claim  revived  by  Ferdinaodo,  Grandson  of  the  Lord  Proprietor — 
Conflict  with  Massachusetts— The  King  and  Council  decide  in 
Gorges'  Favor — Letter  from  King  Charles — Arrival  of  the  King's 
Commissioners— Collision  between  the  Two  Sets  of  Justices  at  York. 

Oi>r  the  restoration  of  Charles  II.  to  the  throne  of  Eng- 
land, in  1660,  the  heirs  of  Rigby,  and  of  Gorges,  renewed 
their  respective  claims  to  the  provinces  of  Maine  and  Ly- 
gonia.  Edward  Rigby,  the  son  of  Sir  Alexander,  was  the 
lawful  heir  of  the  latter  province,  but  having  neither  influ- 
ence with  Cromwell,  on  account  of  his  adherence  to  the 
Episcopal  Church,  nor  with  the  newly-restored  king,  on 
account  of  his  Republicanism,  he  had  failed  to  prosecute 
his  claim.  His  rights,  once  established,  might,  under  mofe 
favorable  circumstances,  have  been  recovered,  but  all  at- 
tempts made  by  his  agents  to  derive  some  advantage  from 
the  patent  proved  fruitless. 

Not  so  with  Ferdinando  Gorges,  the  grandson  of  the 
Lord  Proprietor  of  Maine.  From  the  well-known  devotion 
of  his  family  and  himself  to  the  royal  cause,  and  the  poli- 
tics of  the  new  ministry,  he  might  make  large  calculations 
upon  court  favor.  Nor  was  he  without  able  assistants  to 
advocate  his  cause,  and  mould  public  sentiment  in  his  favor 
in  Maine.  The  former  adherents  of  his  grandfather  were 
still  alive,  and  powerful,  and  it  was  not  without  a  struggle, 
and  a  humiliation  which  they  keenly  felt,  that  they  had 
submitted  to  the  authority  of  Massachusetts.  No  wonder 
that  now,  when  they  had  an  opportunity,  they  should  seek 
to  be  avenged.  Edward  Godfrey,  although  he  had  sub- 
mitted, and  borne  office  under  Massachusetts,  owed  that 
colony  a  grudge  for  deposing  him  from  the  governorship, 
which  he  was  ready,  at  the  first  opportune  moment,  to  pay. 
Hence,  at  the  first  movement  of  Gorges,  in  England,  to 
5 


recover  his  province,  Godfrey  became  his  agent,  and  in- 
defatigable attorney  before  the  king  and  court,  having 
repaired  to  England  for  that  purpose,  where  he  was  zeal- 
ously assisted  by  Ma.son,  one  of  the  heirs  to  the  province 
of  New  Hampshire.  They  had  succeeded  so  far  as  to 
bring  their  claims  before  the  king  and  council,  and  before 
Parliament,  and  to  secure  the  appointment  of  a  legislative 
committee  of  seven,  to  whom  the  matter  was  referred  for 
investigation. 

Aware  of  these  proceedings,  the  General  Court,  in  De- 
cember, 1660,  presented  addresses,  both  to  the  king  and 
Parliament,  which  produced  a  favorable  impression,  although 
no  answer  was  received  for  more  than  a  year.  In  the  mean 
time  the  committee  appointed  by  Parliament  on  the  Gorges 
and  Mason  claims  reported  in  favor  of  the  rights  of  the 
heirs,  and  that  Massachusetts  had  usurped  authority  over 
the  province,  to  the  great  damage  of  the  rightful  owners. 
They  also  included  Godfrey  in  the  claim  for  damages,  say- 
ing, "  Mason  and  Godfrey  have  themselves  been  damnified 
at  least  £5000,  with  what  pretence  of  right  your  committee 
have  been  unable  to  ascertain."  Nevertheless,  the  General 
Court  received  a  gracious  answer  from  Charles,  in  return 
for  which  they  proceeded,  on  the  7th  of  August,  1662, 
with  suitable  pomp  and  ceremony,  to  proclaim  him  king, 
and,  according  to  his  requirements,  sent  to  England  two 
ministers,  or  agents, — Mr.  Simon  Bradstreet  and  Mr.  John 
Norton.  These  men,  though  well  received,  returned  the 
next  summer,  bringing  with  them  the  Act  of  Uniformity, 
by  which  about  two  thousand  dissenting  ministers  were 
removed  from  their  livings,  and  the  king's  letter,  by  which 
the  charter  of  Massachusetts  was  fully  confirmed. 

Symptoms  of  revolution  in  Maine  were  now  everywhere 
apparent.  Although  the  towns  might  send  ten  representa- 
tives to  the  General  Court,  not  one  this  spring  was  returned. 
Great  disaifection  existed  towards  Massachusetts.  Gorges 
contemplated  assuming  the  reins  of  government,  and,  it 
is  said,  gave  commissions  to  several  officers,  while  he  united 
with  others  in  urging  the  king  to  commission  and  send  over 
a  governor-general  of  New  England,  including  New  York. 
To  counteract  these  movements  the  General  Court  displaced 
Maj.  Nicholas  Shapleigh  and  appointed  William  Phillips, 
of  Saco,  major-commandant  of  the  provincial  militia;  and, 
before  the  usual  time  for  holding  the  County  Court  in  York- 
shire, directed  Richard  Waldron,  of  Dover,  N.  H.,  to  pre- 
side and  discharge  the  ordinary  business  of  the  term.  The 
General  Court,  furthermore,  sent  a  precept  to  the  people  of 
Maine,  which  was  promulgated  through  the  recorder  and 
constables  to  all  the  towns,  as  follows  : 

"  To  the  Iiihahitanis  of   Yorkshire. 

'*Tou  and  every  of  you  are  hereby  required  in  his  Majesty's  name 
to  yield  faithful  and  true  obedience  to  the  government  of  this  juris- 
diction, established  amongst  you,  according  to  your  coven.ant  articles, 
until  his  Majesty's  pleasure  be  further  known."-' 

In  1663  the  excitement  had  considerably  abated,  and 
three  representatives  were  returned  to  the  General  Court, 
viz.,  Roger  Plaisted  for  Kittery,  Edward  Rishworth  for 
York,  and  George  Cleaves  for  Falmouth  and  Scarborough. 

The  assistants,  Thomas  Danforth,  William  Hawthorne, 

*  3  Mass.  Rec,  p.  53. 


34 


HISTORY   OF   YORK   COUNTY,  MAINE. 


and  Eleazer  Lusher,  who  were  appointed  to  hold  the  York- 
shire court  this  year,  were  instructed  to  confirm  any  officer, 
civil  or  military,  whom  they  could  approve,  and  to  punish 
every  one  pretending  to  possess  or  to  exercise  adverse  civil 
authority,  unless  he  could  show  it  derived  immediately  from 
the  king.  At  this  court  many  were  fined  for  acts  of  oppo- 
sition to  Massachusetts ;  the  town  of  Scarborough  was  also 
fined,  as  a  municipal  corporation,  for  acts  of  disobedience. 
James  Wiggin  was  indicted  for  swearing,  with  a  profane 
oath,  "  that  if  his  trencher  of  fish  was  poison  he  would 
give  it  to  the  Bay  magistrates,"  and  was  sentenced  to  pay 
a  fine  and  give  bonds  for  hLs  good  behavior.  When  ar- 
raigned, he  said  he  was  a  marshal  under  Gorges,  and  the 
court  had  no  right  to  try  him.  William  Hilton,  of  Cape 
Porpoise,  was  found  guilty  of  "  tearing  a  seal  from  the  war- 
rant issued  for  choosing  a  deputy  to  the  General  Court,  and 
for  contempt  of  authority,"  was  fined.  Robert  Boothe, 
of  Saco,  was  presented  by  the  grand  jury  for  saying  of  the 
Bay  magistrates,  "  They  are  a  company  of  hypocritical 
rogues ;  they  fear  neither  God  nor  the  king."  Among 
others  censured  and  fined  for  this  class  of  offenses  were 
Francis  Champernoon,  Robert  Jordan,  3Iajor  Shapleigh, 
and  Francis  Small,  all  men  of  wealth,  enterprise,  and  stand- 
ing in  the  province.  As  a  sort  of  counterpoise  to  this  se- 
verity the  General  Court  this  year  confirmed  to  their  tenants 
nearly  all  the  lands  in  Falmouth,  and  allowed  purchases  to 
be  made  of  the  Indians.  Nicholas  Shapleigh  and  Francis 
Small,  about  this  time,  purchased  of  the  Indians  an  ex- 
tensive tract  between  the  Ossipee  Rivers,  which  has  ever 
since  been  holden  under  their  deeds. 

On  the  11th  of  January,  1664,  Ferdinando  Gorges  ob- 
tained from  the  king  an  order  to  the  Governor  and  Council 
of  jNIassachusetts,  by  which  they  were  required  forthwith 
to  restore  to  him  his  province,  and  give  him  quiet  posses- 
sion of  it,  or  else  without  delay  assign  their  reasons  for 
withholding  it. 

On  the  15th  of  April.  1664,  the  king  appointed  a  board 
of  Royal  Commissioners,  consisting  of  Col.  Richard  Nichols, 
Sir  Robert  Carr,  Mr.  George  Cartwright,  and  Mr.  Samuel 
Maverick,  to  settle  affairs  in  the  colonies  generally.  The 
plan  contemplated  taking  New  York  from  the  Dutch  and 
conferring  it  upon  James,  the  Duke  of  York  and  Albany, 
which  was  successfully  done,  giving  to  that  province  the 
name  of  New  York,  in  honor  of  the  Duke  ;  settling  the 
affairs  of  the  Duke's  province  at  Sagadahock  ;  taking  away 
the  charter  of  Massachusetts  ;  restoring  Maine  to  Gorges  ; 
and  establishing  over  the  whole  territory,  fr-om  the  Hudson 
to  the  Penobscot,  a  vice-regal  government  under  a  governor- 
general  appointed  by  the  king.  Having  settled  the  govern- 
ment of  New  York,  the  commissioners  proceeded  to  Boston 
in  February,  where  they  were  received  with  undisguised  jeal- 
ousy, and  soon  encountered  direct  opposition.  The  people 
of  Massachusetts  determined  "  to  adhere  to  their  patent,  so 
dearly  obtained  and  .so  long  enjoyed."  After  a  long  and 
stormy  debate  with  the  authorities  at  Boston,  the  commis- 
sioners left  in  June  for  New  Hampshire,  Maine,  and  Saga- 
dahock, "  denouncing  upon  the  colonists  and  government  of 
Massachusetts  the  doom  due  to  rebels  and  traitors." 

With  the  commissioners  came  one  John  Archdale,  an 
agent  of  Gorges,  bringing  orders  relative  to  the  province  of 


Maine.  He  gave  commissions  to  Henry  Jocelyn,  of  Scar- 
borough, Robert  Jordan,  of  Spurwink,  Edward  Rishworth, 
of  York,  and  Francis  Neale,  of  Falmouth,  who  took  upon 
themselves  to  rule ;  but  their  regency  was  cut  short  by 
the  entrance  of  the  king's  commissioners  into  the  province. 
Charles  having  resolved  to  put  Gorges  in  possession  of 
Maine,  addressed  to  the  provincials  a  letter  dated  the 
11th  of  June,  1664,  which  was  probably  communicated 
through  his  commissioners.  As  this  is  probably  the  only 
letter  which  the  people  of  this  portion  of  Maine  ever  re- 
ceived from  the  hand  of  royalty,  we  give  it  entire  : 

•'  Tn  „ur  Initli/  and  well-beloieii  subjects  and  I'lilwb^lanls  in  the  Prov- 
ince of  .V'd'jfe,  and  alt  whom  it  may  concern.  VTe  greet  yon  icell, 
"  As  we  are  informed,  Sir  Ferdinando  Gorges,  the  grandfather  of 
the  present  proprietor,  and  a  generous  promoter  of  foreign  planta- 
tions, obtained  a  royal  charter  of  Maine,  and  e.xpended  in  settling  it 
more  than  £20,000,  and  yet  was  wholly  prevented  from  reaping  the 
fruits  of  bis  expenditures  and  labors  by  the  unhappy  civil  wars, 
wherein  he,  though  advanced  in  age,  bravely  engaged  in  his  master's 
service.  In  the  meantime,  his  opponents,  intoxicated  with  success, 
as  we  understand,  and  deaf  to  the  voice  of  justice,  have  given  coun- 
tenance to  measures  by  which  the  provincials  have  been  brought  within 
the  jurisdiction  of  Massachusetts  Bay,  and  the  proprietary  deprived 
of  all  the  issues  and  profits  of  his  property,  though  according  to  the 
decision  of  our  '  Counsel  learned  in  the  law,'  his  right  to  tfie  charter  is 
fnlli/  established ;  the  Prorince  was  in  possession  of  the  original  pro- 
prietor and  under  his  government  several  years  ;  the  large  sums  men- 
tioned had  been  by  him  eu-pended  in  settling  and  managing  it;  he  has 
in  the  late  civil  wars  been  plnudered  and  imprisoned  several  times  ;  and 
being  exhausted  by  losses  and  ill-treated  by  the  jiretended  '  Committees 
of  foreign  plantations,'  he  and  his  agents  in  those  times  of  trouble  had 
left  the  inhabitants  to  the  temporary  government  of  their  oicn  choice. 
Since  the  restoration,  he,  by  his  commissioners,  has  endeavored  to  re- 
possess himself  of  his  Province,  and  two  years  since  proclaimed  his 
Majesty  king,  established  courts,  and  gave  to  many  the  oaths  of  al- 
legiance ;  but  the  government  of  Massachusetts  prohibited  all  further 
proceedings  of  those  commissioners  till  they  had  orders  from  the  su- 
preme authority  of  the  kingdom.  We  have  therefore  taken  the  whole 
matter  into  our  princely  consideration,  and  have  thought  fit  to  signify 
our  pleasure  in  behalf  of  Ferdinando  Gorges,  the  present  proprietor, 
and  do  require  you  to  make  restitution  of  the  Province  to  him  or  his 
commissioners,  and  deliver  to  him  peaceable  possession  thereof,  or 
otherwise  without  delay  show  us  reasons  to  the  contrary,     -ind  so  we 


bid 


The  General  Court  decided  that  the  "  distracted  condi- 
tion of  the  people  in  Yorkshire"  required  rather  their  pro- 
tection and  assistance  than  the  withdrawal  of  their  juris- 
diction, and  that  the  government  of  their  choice  should  not 
be  hastily  vacated.  They  spoke  with  an  authoritativeness 
not  to  be  mistaken  : 

"  A  County  Court  will  be  holden  at  York  in  the  present  as  in  previ- 
ous years.  All  civil  officers  will  continue  to  exercise  and  perform 
their  duties,  and  the  inhabitants  will  show  as  formerly  due  obedience 
to  the  colony  administration.  If  Edward  Rishworth  neglect  his  duty 
as  County  Recorder,  Peter  Wyer  will  take  his  place,  and  to  him  the 
present  incumbent  will  deliver  the  books  and  papers.  Since  there  is 
no  resident  magistrate  in  that  County,  Ezekiel  Knight,  of  Wells,  will 
act  as  such  in  every  particular,  till  the  further  orders  of  the  Legisla- 
ture. Messrs.  Simonds  and  Danforth  will  hold  the  usual  term  of  the 
Courts  in  York  the  current  year,  and  all  transgressors  of  the  law,  if 
any,  will  have  its  ])ena1ties  measured  to  them  with  nil  retributive 
justice." 

By  the  middle  of  June  this  year  (1665)  the  king's  com- 
missioners had  arrived  in  Kittery.  They  seemed  equally 
to  oppose  the  governments  of  Gorges  and  of  Massachusetts, 


Hutchinson's  Coll.,  pp.  385-388. 


REVIVAL  OF  THE  GORGES  CLAIM. 


ai)d  exhibited  a  petition  for  signatures  addressed  to  the 
king,  praying  for  a  new  colony  charter.  They  found  sev- 
eral people  who  were  dupes  enough  to  sign  their  petition. 
They  passed  several  days  at  York,  undertaking  to  establish 
a  superstructure  of  civil  government.  At  length  they  issued 
their  proclamation,  thus: 


By^ 


■  >,.lll;n,j  Ihe   nf, 


X,ne  En,, 


"We  having  seen  the  several  charters  granted  to  Sir  Ferdiuando 
Gorges  and  the  Corporation  of  Massachusetts  Bay,  and  duly  weighed 
the  matter  in  controversy,  do  now  receive  all  his  Majesty's  good  sub- 
jects living  within  the  Province  of  Maine  under  his  iuimediate  pro- 
tection and  government.  We  also  appoint  and  conslitute  Francis 
Champernoon  and  Robert  Cutts,  of  Kittery  ;  Edward  Rishworth  and 
Edward  Johnson,  of  York  ;  Samuel  Wheelwright,  of  Wells;  Francis 
Hooke  and  William  Phillips,  of  Saco:  George  Mountjoy,  of  Casco; 
Henry  Joeelyn,  of  Black  Point;  Robert  Jordan,  of  Richmond's 
Island ;  and  John  Wincoln,  of  Newichawannock,  Justices  of  the  Pence, 
and  constitute  them  a  Court  to  hear  and  determine  all  causes,  civil  and 
criminal,  and  to  order  all  the  affairs  of  the  said  Province  for  the  peace 
and  defense  thereof:  proceeding  in  all  cases  according  to  the  laws  of 
England  as  near  as  may  be  till  the  appointment  of  another  govern- 
ment by  the  Crown. 

'*  In  his  Majesty's  name  we  require  all  the  inhabitants  of  the  said 
province  to  yield  obediences  to  the  said  Justices',  and  forbid  as  well 
the  Commissioners  of  Mr.  Gorges  as  the  Corporation  of  Massachu- 
setts Bay  to  molest  any  of  the  inhabitants  of  this  Province  till  his 
Majesty's  pleasure  be  known. 

"  Given  under  our  hands  and  seals  at  York,  within  the  said  Pro- 
vince, the  2.M  of  June,  1666. 

"  Robert  Cark. 


1191395 


i-Ei,  Ma 


The  commissioners,  after  establishing  a  similar  form  of 
government  in  the  Duke  of  York's  province,  returned  and 
held  courts  in  Casco  in  October,  and  Saco  in  November, 
1665.  This  latter  court  must  have  had  considerable  busi- 
ness, such  as  it  was,  judging  from  the  following  report  of 
its  doings,  taken  from  the  York  Records,  Book  B: 

"Court  at  Saco,  1665,  Nov'r.  Edward  Rishworth  is  Plant.  In  an 
action  of  the  case  for  not  paiment  of  a  Debt  due  to  him  out  of  Mr. 
Green,  his  Estate,  deceased,  contra  Jere.  Sheers  adminisr.  of  the  said 
Green. 

"The  Court  finds  a  non  suit  against  the  plant,  and  gives  the  de- 
fendant his  charge,  18s.  Because  he  is  not  capable  to  be  sued  within 
one  year,  and  one  day  after  Letters  of  admn.  taken. 

"We  present  Jo.ane  Forde,  the  wife  of  Stephen  Forde,  for  calling 
the  constable  Hornheaded  Rogue  and  Cowhead  Rogue.  Joane  Forde 
punished  for  this  ofi'ence  by  nine  Stripes  given  her  at  the  post  at  a 
Court  holden  at  York,  Decemr.,  1665. 

"We  present  Joseph  Winnock,  of  Black  Point,  for  abusing  Mr. 
Francis  Hooke,  Just.  Peace,  by  saying  that  he  was  no  more  Drunk 
than  Mr.  Hooke,  and  called  the  said  Hooke  Mowne  Calfe. 

"Joseph  Winnock  fined  for  ofl'enee  Forty  shillings. 

"  We  present  Joane  Forde,  the  wife  of  Stephen  Forde,  of  the  Isle  of 
Shoales,  for  reviling  and  abusing  the  Neighbours  by  very  evil  speeches. 
Jane  Forde  for  abusing  the  Constable  and  other  Her  Neighbours,  is 
appointed  to  have  Ten  lashes  at  the  post,  which  was  by  John  Parker, 
in  presence  of  the  Court,  accordingly  executed. 

"In  his  majestys  behalf  we  Indite  Rich'd  White,  of  York,  for 
swearing  and  calling  his  wife  whore. 

"  Richard  White  fined  for  swearing  2».  6t/.,  and  for  abusing  his  wife 
20«.;  the  fine  of  20».  for  abusing  his  wife,  upon  her  Request  and  his 
promise  of  amendment,  is  remitted,  and  he  paying  5s.,  for  the  officers 
fees,  is  discharged. 

"  In  his  majestys  Behalf  We  Indite  Richard  White,  of  York,  for 
Abusing  Thomas  Bragdon,  one  of  the  grand  Jury,  by  saying  that  the 
said  Bragdon  was  not  fitt  to  be  a  grand  Juryman,  and  that  he  would 
complain  upon  him  to-morrow  and  have  him  put  out  of  his  place,  for 
he  was  a  Knave. 


"  Richard  White  fined  for  hi! 
•  the  officers  fees,  is  acquitted 


Of  this  provincial  government  York  was  made  tlie  chief 
seat.  To  that  place  the  commissioners  repaired  after  hold- 
ing court  at  Saco,  and  prolonged  their  stay  for  a  consider- 
able time  The  General  Court,  to  oppose  them  in  the 
exercise  of  authority,  sent  Messrs.  Danforth,  Lusher,  and 
Leverett  to  hold  a  term  of  court  in  Yorkshire  in  October. 
But  they  were  stopped  at  Piscataqua,  October  10th,  by  a 
sharp  letter  sent  to  them  by  Col.  Carr,  who  ordered  them 
to  desist  from  their  purpose  and  proceed  no  farther.  They 
therefore  returned  to  Boston.  On  the  arrival  of  the  Com- 
missioners there  soon  after,  they  were  charged  by  the  Gen- 
eral Court  with  being  disturbers  of  the  public  peace,  and  were 
requested  to  meet  a  committee  for  the  purpose  of  a  confer- 
ence. "  No,  nut  a  word  need  pass,"  replied  Carr  ;  "  but 
remember,  the  kind's  pardon,  of  the  late  rebellion  is  Con- 
ditional, and  the  authors  of  t/i£  opposition  among  you  mnst 
expect  the  punishment  awarded  to  the  rebels  in  England ; 
and  you  well  know  their  fate."  Here  all  intercourse  with 
them  terminated. 

The  commissioners  were  soon  recalled  to  England,  and 
the  affairs  of  Maine,  left  in  the  hands  of  the  justices  ap- 
pointed, many  of  whom  were  unpopular,  soon  degenerated 
into  lamentable  confusion.  Fur  three  years  no  representa- 
tive from  the  province  appeared  in  the  General  Court.  In 
1668  that  body  appointed  Maj.-Gen.  John  Leverett,  Mr. 
Edward  Tyng,  Capt.  Richard  Waldron,  and  Capt.  Richard 
Pike  commissioners  to  hold  a  court  at  York,  appoint  civil 
and  military  oflScers,  and  take  all  necessary  measures  to  re- 
establish civil  government  over  the  people.  This  effort  on 
the  part  of  Massachusetts  was  met  by  strong  remonstrance 
on  the  part  of  Governor  Nichols,  of  New  York,  who  wrote 
a  threatening  letter,  charging  Massachusetts  with  a  breach  of 
good  faith  in  again  interfering  in  the  affairs  of  Maine,  so 
long  as  the  king  had  not  declared  what  was  his  further 
pleasure  respecting  that  province.  "  I  am,"  said  he,  "  not 
a  little  surprised  to  find  that  you  are  preparing  to  usurp 
again  the  government  of  Maine ;  at  a  time,  too,  when  the 
rights  of  ownership,  which  have  been  submitted  to  the 
king  by  different  claimants,  are  still  awaiting  his  royal  de- 
termination." The  authorities  of  Massachusetts  were  not 
affected  by  the  letter  of  Governor  Nichols.  The  commis- 
sioners (excepting  Mr.  Pike),  accompanied  by  a  military 
escort,  arrived  at  York  on  the  6th  of  July,  intending  the  next 
day  to  proceed  with  their  court.  They  appointed  Peter 
Wyer  (Weare)  clerk,  and  finding  Nathaniel  Masterson  im- 
prisoned by  the  dominant  party,  they  appointed  another 
marshal  pro  tempore,  whose  duties,  however,  were  soon  sus- 
pended by  the  incumbent's  release.  Without  much  ceremony 
or  formality  they  were  presently  met  at  their  lodgings  by 
Henry  Joeelyn  and  the  other  justices  appointed  by  the 
King's  commissioners,  when  they  all  agreed  to  a  free  con- 
ference the  next  morning.  At  the  hour  appointed  the 
parties  met,  and  the  commissioners  in  justification  of  their 
proceedings  said, — 

"His  Majesty  directed  Massachusetts  either  to  resign  the  province 
to  Mr.  Gorges,  or  assign  to  him  our  objections  ;  and  it  is  well  known 
we  have  chosen  the  Litter  alternative.  The  cause  is  still  under  his 
consideration ;  and  when  have  we  been  required  by  our  common  sov- 


HISTORY   OF   YORK   COUNTY,  MAINE. 


The  commissioners  then  repaired  to  the  meeting-house 
and  opened  court.  Between  the  hours  of  adjournment  and 
the  re-assembling  in  the  afternoon,  the  opposition  justices 
took  possession  of  the  meeting-house,  with  a  considerable 
force  which  they  had  summoned,  and  sent  a  crier  about 
town  to  warn  the  people  that  his  majesty's  justices  were  in 
session.  On  repairing  to  the  meeting-house  the  commis- 
sioners found  it  full  of  people,  and  upon  the  marshal  order- 
ing them  to  give  place  a  scene  of  tumult  ensued ;  several 
rose  from  their  seats  and  began  to  speak.  The  commis- 
sioners commanded  silence,  and  ordered  the  marshal  to  clear 
the  house.  As  the  justices  were  leaving  their  places,  Mr. 
Jocelyn,  one  of  them,  prudently  advised  his  partisans  near 
him  to  retire.  As  soon  as  the  excitement  was  allayed  and 
the  assembly  had  dispersed,  the  commissioners  and  justices 
held  a  conference,  at  which  the  former,  by  request,  read  the 
king's  letter  of  the  lUth  of  April,  and  the  latter  also  read 
their  commissions.  After  the  reading  of  these  papers,  and 
an  expression  of  determination  on  the  part  of  the  commis- 
sioners to  go  forward  with  the  duty  they  had  undertaken, 
the  justices  retired,  and  the  commissioners  proceeded  with 
their  court. 

It  appeared  from  the  canvass  of  votes  that  five  towns  out 
of  the  seven  had  made  returns.  Five  associates  were  de- 
clared elected,  viz. :  Bryan  Pendleton,  of  Saco ;  Francis 
Raynes,  of  York ;  Francis  Neale,  of  Falmouth  ;  Ezekiel 
Knight,  of  Wells  ;  and  Roger  Plaisted,  of  Kittery. 

Xiifi  military  of  Yorkshire  were  formed  into  six  compan- 
ies, duly  oflficered,  and  united  into  a  regiment.  Bryan 
Pendleton,  of  Saco,  was  made  major  by  brevet,  and  com- 
manded the  battalion  at  Black  Point. 

In  Kittery,  Charles  Frost  was  Captain  ;  Roger  Plaisted, 
Lieutenant ;  and  John  Gattery,  Ensign.  In  York,  Job 
Alcock,  Lieutenant;  and  Arthur  Bragdon,  Ensign.  In 
Wells,  John  Littlefield,  Lieutenant ;  and  Francis  Little- 
field,  Jr.,  Ensign.  In  Scarborough,  Andrew  Alger,  Lieu- 
tenant.    In  Falmouth,  George  Ingersol,  Lieutenant. 

In  the  General  Court  held  in  Boston  in  May,  1669,  there 
were  three  representatives  from  Y'orkshire,  viz.  :  Charles 
Frost,  from  Kittery ;  Peter  Wyer  (Wearej,  from  York  ;  and 
Richard  Colicott,  from  Falmouth  and  Scarborough. 

In  1670  the  interior  regulations  of  Yorkshire  were  com- 
pleted. Thomas  Danforth,  an  experienced  assistant  of  ten 
years,  was  designated  to  preside  in  the  County  Court ;  and 
Elias  Stilman,  of  Great  Island ;  John  and  Richard  Cutts, 
of  Kittery ;  and  three  or  four  others  in  diflferent  towns 
were  appointed  commissioners  as  usual,  invested  with  the 
authority  of  magistrates,  to  try  small  causes,  solemnize 
marriages,  administer  oaths,  and  take  the  acknowledgment 
of  deeds.  The  Legislature  now  solemnly  enacted  that  the 
several  towns  and  inhabitants  should  be  secure  in  the  enjoy- 
ment of  the  same  civil  and  political  privileges  which  were 
granted  to  them  when  they  were  first  brought  under  the 
charter. 


CHAPTER    IX. 

INDIANS  OP  YOEK  COUNTY. 

Distinct  Tribes— Two  Languages  Spoken— Indians  East  and  West  of 
the  Saco  River — Passaeonaway — Remarkable  Prediction  of  Eowles 
— Wonnolaneet — Blind  Will — Abenaques — Sokokis — Etechemins — 
— Squando — Form  of  Government  among  the  Indian  Tribes. 

The  Indians  within  the  territory  of  this  county  were 
originally  of  two  distinct  races  or  families,  separated  from 
each  other  by  a  radical  difference  of  language.  The  divi- 
sional line  was  somewhere  between  the  Saco  and  the  Aga- 
menticus  Rivers.  Those  on  the  Saco,  and  eastward  as  far 
as  Passamaquoddy,  spoke  one  language,  or  a  language  so 
nearly  the  same  that  the  different  tribes  could  easily  under- 
stand one  another ;  while  those  at  Agamenticus,  Piscat- 
aqua,  and  Newichawannock,  spoke  the  language  of  the 
Abergenians,  or  Northern  Indians.  It  was  observed  by 
Mr.  Goodkin,  who  was  superintendent  of  Indian  affairs,  in 
1656,  that  the  Piscataqua  Indians  could  not  pronounce  the  L 
and  the  R  ;  as  for  instance,  the  word  lobster  they  called  nob- 
steii,  whereas  the  tribes  to  the  eastward  sounded  these  let- 
ters easily.  There  was  another  fact  having  a  very  significant 
bearing  on  this  question.  A  copy  of  Mr.  Eliot's  Indian 
Bible,  printed  in  1664,  was  obtained  by  Rev.  Daniel  Little, 
missionary  to  the  Indians  of  Penobscot  and  St.  John,  since 
the  Revolution,  which  he  carried  with  him  ;  but  he  said 
not  one  word  of  their  language  could  be  found  in  it.  On 
the  other  hand,  in  a  vocabulary  compiled  by  Mr.  Cutter, 
keeper  of  a  trading-house  upon  the  Saco  River,  Mr.  Little 
discovered  a  great  similarity  of  language  with  that  spoken 
farther  eastward. 

There  were  in  New  Hampshire,  and  the  western  part  of 
Maine,  four  tribes  of  the  Abergenians,  existing  in  a  sort 
of  political  alliance  or  confederacy,  the  most  powerful  of 
which  were  the  Pentiickets  and  Pennacooks,  of  whom  the 
former,  in  1630,  were  the  more  numerous  people.  At 
Squampscot,  now  Exeter,  there  dwelt  a  chief  who  was  the 
head  of  a  small  inland  tribe  in  that  vicinity.  Another,  or 
fourth  tribe,  inhabited  the  banks  and  branches  of  the  Pis- 
cataqua, including  the  Indian  settlement  at  Cocheco,  now 
Dover.  These  were  commonly  called  the  Newichawan- 
nocks,  although  Goodkin  calls  them  the  Piscataquas, — of 
whom  Rowles,  otherwise  named  Knolles,  was  for  many 
years  the  sagamore.  All  of  them  were  under  colitical 
subordination  to  the  celebrated  Passaeonaway,  chief  of  the 
Pennacooks,  whom  they  acknowledged  to  possess  a  rightful 
and  paramount  superiority.* 

The  dwelling-place  of  Rowles  was  on  the  northerly  side 
of  the  Piscataqua,  not  far  from  Quampagan  Falls,  in  Ber- 
wick, formerly  Kittery.  He  was  a  sagamore  of  some  ce- 
lebrity. In  16-13  he  conveyed  lands  in  his  vicinity  to 
Humphrey  Chadbourne,  and  afterwards  to  Spencer,  the 
former  being  the  oldest  Indian  deed  in  the  records  of 
Maine.  It  is  certain  that  all  the  Indians  upon  the  river 
to  its  mouth  were  his  subjects,"}"  though  he  was  under 
Passaeonaway,  his  superior  lord. 

The  depredations  frequently  committed   by  the    Tuvra- 


CoU.,  p.  142  ;   Bel- 


«  Hubbard's  New  England,  p.  32 ;  Ma: 
knap's  New  Hampshire,  p.  289. 
t  1  Morse's  Geography,  p.  310,  ed.  1812;  Sullivan,  p.  143, 


INDIANS   OP   YOKK   COUNTY. 


37 


fines  upon  the  people  of  these  tribes  induced  the  saga- 
mores to  encourage  English  settlements  among  them,  in 
expectation  of  their  assistance  against  the  enemy.  It  is 
stated  by  Belknap  that  the  four  chieftains,  May  17,  1629, 
joined  in  a  quit-claim  to  John  Wheelwright  and  his  asso- 
ciates of  all  the  country  between  the  Piscataqua  and  the 
Merrimac,  below  Quampeagan  and  Amoskeag  Falls.  The 
veracity  of  this  transaction  has  been  doubted,  but  it  is  cer- 
tain that  the  natives  lived  for  many  years  on  terms  of 
friendly  intercourse  with  the  settlers.  In  the  first  Indian 
war  the  sagamore.s  of  these  tribes  resolved  to  be  neutral ; 
but  their  conduct  was  evidently  controlled  by  fear  more 
than  by  friendship,  and,  above  either,  by  a  presentiment 
that  all  quarrels  with  the  English  would  be  ruinous  to  the 
Indians. 

Fassaconaway  possessed  talents  and  sagacity,  which  gave 
him  most  exalted  rank  and  influence  among  his  country- 
men. He  was  a  prophet,  or  powiooio,  as  well  as  a  civil  ruler, 
and  by  that  claim  to  the  supernatural  which  has  always 
exerted  a  potent  spell  over  the  savage  mind,  he  swayed  and 
controlled  them  at  his  pleasure.  He  made  them  believe  he 
could  give  nature's  freshness  to  the  ashes  of  a  burnt  leaf, 
raise  a  living  serpent  from  the  skin  of  a  dead  one,  and 
transform  himself  into  a  flame.  Becoming  old,  he  made  a 
great  feast  in  1660,  to  which  he  invited  his  tribes,  call- 
ing them  his  children.  He  spoke  to  them  as  a  dying 
man  to  dying  men,  in  words  which  seem  almost  prophetic. 
"  Hearken,"  said  he,  "  to  the  last  words  of  your  father  and 
friend.  The  white  men  are  sons  of  the  morning.  The 
Great  Spirit  is  their  father.  His  sun  shines  bright  above 
them.  Sure  as  you  light  the  fires,  the  breath  of  heaven 
will  turn  the  flames  upon  you  and  destroy  you.  Listen  to 
my  advice.  It  is  the  last  I  shall  be  allowed  to  give  you. 
Remember  it  and  live." 

Similar  presages  afiected  the  mind  of  Bowles.  About 
1670,  when  bedridden  of  age  and  sickness,  he  complained 
of  the  great  neglect  with  which  the  English  had  treated 
him.  At  length  he  sent  a  message  to  some  of  the  prin- 
cipal men  of  Kittery,  now  Berwick,  to  visit  him.  "Being 
loaded  with  years,"  said  he,  "  I  had  expected  a  visit  in  my 
infirmities,  especially  from  those  who  are  now  tenants  on 
the  lands  of  my  fathers.  Though  all  of  these  plantations 
are  of  right  my  children's,  I  am  forced  in  this  age  of  evils 
humbly  to  request  a  few  acres  of  land  to  be  marked  out  for 
them  and  recorded,  as  a  public  act,  in  the  town-books,  so 
that  when  I  am  gone  they  may  not  be  perishing  beggars  in 
the  pleasant  places  of  their  birth  ;  for  I  know  a  great  war 
will  shortly  break  out  between  the  white  men  and  the  In- 
dians over  the  whole  country.  At  first  the  Indians  will  kill 
many  and  prevail,  but  after  three  years  they  will  be  great 
sufierers  and  finally  be  rooted  out  and  utterly  destroyed."* 

Wonuolancet,  the  son  of  Fassaconaway,  and  Blind  Will, 
the  successor  of  Howies,  heeded  the  premonitory  counsel 
of  the  chiefs  with  sacred  respect,  and  perpetuated  peace  and 
amity  with  the  whites.  A  few  facts  must  here  be  related 
of  Blind  Will,  who  was  a  brave  ally  of  the  whites  in  King 
Fhilip's  war,  and  was  afterwards  slain  through  a  mistake 

*  The  facts  of  this  prediction,  attested  by  Maj.  Waldron,  Capt. 
Frost,  and  Joshua  Moody,  are  published  in  the  Supplement  to  King 
PhiUp'e  War,  p.  82. 


by  a  company  of  Mohawks,  who  had  come  down  the  coun- 
try at  the  request  of  Maj.  Waldron. 

It  must  be  borne  in  mind  that  the  Mohawks  and  their 
associates  of  the  Five  Nations,  otherwise  called  the  confed- 
eracy of  the  Iroquois,  inhabiting  New  York  from  the  Hud- 
son to  Lake  Erie,  were  at  this  time  the  most  powerful 
confederation  of  Indians  on  the  continent,  and  a  terror  to  all 
the  tribes  of  New  England  as  far  east  as  the  Kennebec  River. 
They  had  carried  their  conquests  into  Canada,  subjugating 
the  once  powerful  nation  of  the  Hurotis,  and  hung  like  a 
scytiie  of  death  upon  the  borders  of  New  France,  and  at  its 
very  heart  and  citadel,  which  they  repeatedly  besieged. 
They  had  conquered  and  placed  under  tribute  the  tribes  on 
Long  Island  and  on  the  Connecticut,  had  subdued  the  Eries 
and  Neutral  Nation  in  Western  New  York,  driven  the 
Adiroiidacs  from  their  mountain  fastnesses  across  the  St. 
Lawrence,  conquered  the  Andastes  of  the  Susquehanna, 
the  Delawares  on  the  bay  and  river  of  that  name,  and  had 
carried  their  victorious  arms  into  the  valleys  of  the  Ohio 
and  the  Mississippi.  Smith,  in  his  "  History  of  New  York," 
says  that  all  the  surrounding  tribes  had  been  conquered  by 
them,  and  acknowledged  their  subjection  by  paying  them 
tribute. 

The  Mohatvks,  the  most  eastern  of  the  Five  Nations, 
were  the  neighbors  of  the  New  England  Indians  on  the 
west,  and  their  friendship  for  the  English  and  great  repu- 
tation as  fighting  men  induced  Maj.  Waldron  to  invoke 
their  powerful  aid  against  the  Tarratines  of  the  Penobscot, 
who  were  pushing  their  depredations  as  far  west  as  New 
Hampshire.  Accordingly,  in  1677,  two  messengers — Majs. 
Pinchon  and  Richards — were  sent  to  the  country  of  the  Mo- 
hawks to  secure  their  assistance.  They  were  kindly  re- 
ceived, and  secured  the  promise  of  aid.  About  the  middle 
of  March  some  parties  of  them  came  down  the  country, 
and  the  first  alarm  was  given  at  Amoskeag  Falls,  where  the 
son  of  Wonnolancet,  being  out  hunting,  discovered  fifteen 
Indians  on  the  other  side,  who  called  to  him  in  a  language 
which  he  did  not  understand,  upon  which  he  fled,  and  they 
fired  several  shots  at  him  without  effect.  Presently  they 
were  discovered  in  a  woods  near  Cocheco.  Maj.  Waldron 
sent  out  eight  of  his  Indians,  whereof  Blind  Will  was  one, 
to  make  further  discoveries.  They  were  all  surprised  to- 
gether by  a  company  of  Mohawks ;  two  or  three  escaped, 
the  others  being  killed  or  taken  prisoners.  Will  was 
dragged  away  by  his  hair,  and,  bemg  wounded,  perished 
in  the  woods  on  a  neck  of  land  formed  by  the  confluence 
of  the  Cocheco  and  Isinglass  Rivers,  which  still  bears  the 
name  of  Blind  Will's  Neck.f  This  was  evidently  a  mis- 
take on  the  part  of  the  Mohawks,  supposing  that  the  friendly 
Indians  sent  out  by  Maj.  Waldron,  merely  for  the  purpose 
of  inspection,  were  a  band  of  the  enemy. 

The  Indians  of  the  Saco  and  eastward,  except  the  Mick- 
macks,  of  Nova  Scotia,  were  undoubtedly  all  of  one  race 
or  tribe, — the  Ahenaqves,  or  Men  of  the  East,  and  the  Ete- 
chemins,  or  Eastland  People.     Williamson  says, — - 

"  They  were  all  without  doubt  descendants  of  the  same  original 
stock,  and  for  an  unknown  period  after  the  discovery  of  America  the 
tribes  were  probably  members  of  the  same  political  family,  differing 
little  in  language,  looks,  habits,  or  ideas  of  confederate  union."' 

t  1  Belknap's  Hist.  N.  H.,  p.  128. 


HISTORY   OF   YORK   COUNTY,  MAINE. 


It  would  appear  from  the  testimony  of  Captain  Francis, 
of  the  Penobscot  tribe,  who  is  admitted  to  have  been  excel- 
lent authority  on  the  subject,  that  the  migration  of  the 
tribes  was  eastward  from  the  Saeo  River,  where  the  oldest 
of  them  had  their  ancient  seat.  He  assured  Mr.  William- 
son that  all  the  tribes  between  the  Saco  and  the  St.  John, 
both  inclusive,  were  brothers ;  that  tbe  oldest  lived  on  the 
Saeo ;  that  each  tribe  was  younger  as  we  pass  eastward, 
like  the  sons  of  the  same  father ;  though  the  one  at  Pas- 
samaquoddy  was  the  youngest  of  all,  proceeding  from  those 
upon  the  rivers  St.  John  and  Penobscot. 

"  Always,"  he  says,  "  I  eould  understand  these  brothers  well  when 
they  speak,  but  when  the  M!ekmacks,  or  the  Ahjunqnum.  or  Canada 
Indians  speak,  I  cannot  tell  all  what  they  say."  » 

The  Ahenaques  were  divided  into  four  tribes,  viz.,  the 
Sokokis,  or  Sacoes,  sometimes  called  Sockliigones,  who 
lived  on  the  Saco  River;  t\\e  Anasagunticooks, -^ho  held 
dominion  upon  the  Androscoggin;  the  Canihits,  or  Kenahes, 
who  had  their  villages  upon  the  Kennebec ;  and  the  Wawe- 
nocks,  who  inhabited  the  country  eastward  of  the  Kenne- 
bec, to  and  including  the  St.  George's  River. 

The  Sokokis,  or  Saco  Indians,  were  a  numerous  people 
till  the  first  Indian  war.  The  immediate  residence  of  their 
sagamores  was  upon  Indian  Island,  just  above  the  lower 
falls.  Two  of  them,  Fluellen  and  Captain  Sunday,  con- 
veyed lands,  but  when  their  successor,  Squando,  died,  the 
glory  seemed  to  depart  from  the  tribe,  and  it  gradually 
wasted  away.  In  1615  there  were  two  branches  of  the 
tribe,  and  two  principal  villages ;  one  was  within  the  great 
bend  of  the  river  at  Pequawket,  or  Fryeburg,  the  other 
fifteen  or  twenty  miles  below  on  the  banks  of  the  Great 
Ossipee.  Here,  before  King  Philip's  war,  they  employed 
English  engineers  and  carpenters  and  built  a  strong  fort  of 
timber,  fourteen  feet  in  height,  with  flankers,  intending  it 
as  a  protection  against  the  Mohaivks.f 

No  people  ever  defended  their  native  country  with  more 
valor  and  obstinacy  than  did  the  Sokokis  theirs,  especially 
in  Lovell's  war.  A  number  of  them,  relinquishing  the 
French  interest  in  1744  for  the  ranks  of  the  English,  at 
the  siege  of  Louisbourg  distinguished  themselves  among 
the  bravest  soldiers.  Afterwards  they  could  muster  only 
about  a  dozen  fighting  men,  and  before  the  capture  of  Que- 
bec the  tribe  had  become  extinct. 

The  Anasagunlicooks,  or  Amarascogiiis,  as  they  are 
called  by  Slather,  Hubbard,  and  others,  were  originally  a 
numerous  and  powerful  tribe,  inhabiting  the  country  upon 
the  waters  of  the  Androscoggin,  from  its  source  to  Merry- 
meeting  Bay,  and  on  the  west  side  of  the  Kennebec  to  the 
sea.  At  Pejepscot,  or  Brunswick  Falls,  they  had  their 
usual  encampments,  or  place  of  resort.  This  was  one  of 
the  great  trails  or  passes  between  the  eastern  and  western 
tribes,  where  the  savages  met  in  council  to  plan  expeditions 
against  the  English. + 

The  Anasaguiitkooks  were  a  warlike  people.  A  short 
distance  above  the  Great  Falls  they  had  a  fort,  which  was 
destroyed  by  the  English  in  1690.  "  No  tribe,"  says  Wil- 
liamson, "  was  less  interfered  with  in  their  fishing  and  fowl- 

s  Drake's  Book  of  the  Indians,  iii.  p.  173. 

t  La  Houtan  ;  Gorges,  p.  85 ;  Hubbard's  Indian  Wars,  p.  359. 

X  Sullivan,  p.  178. 


ing,  and  yet  none  were  more  uniformly  and  bitterly  hostile 
towards  the  colonists."  There  were  two  rea.sons  for  this : 
the  first  was  that  the  early  European  explorers,  particularly 
the  Portuguese  and  the  English,  had  been  treacherous 
towards  them,  decoying  them  into  their  vessels  and  kidnap- 
ping their  chiefs,  and  taking  them  away  to  foreign  countries 
to  dispose  of  them  for  slaves  ;§  and,  in  the  second  place, 
they  were  under  the  influence  of  the  French,  who  taught 
them  to  hate  and  distrust  the  English.  The  venal  and 
mercenary  character  of  some  of  the  early  traders  also  de- 
stroyed their  confidence,  and  they  wreaked  their  first  re- 
venge upon  those  of  that  class  nearest  to  them.  Tarumkin, 
Warumbo,  and  Hogkins,  their  sagamores,  were  brave  men, 
but  their  tribe  wasted  away  during  the  wars,  and  in  17-l-t 
they  were  able  to  muster  only  sixty  fighting  men.  Wa- 
rumbo and  five  other  sagamores  sold  the  lands  between 
Sagadahock  and  Maquoit  to  the  sea,  and  the  islands,  July 
7,  1683.11 

These  Indians  were  the  earliest  whom  the  French  drew 
off'  to  the  St.  Francois  settlements  in  Canada.  When  the 
Revolution  commenced  there  were  only  about  forty  of  the 
tribe,  who  made  the  shores,  the  ponds,  and  the  islands  of 
the  Androscoggin  their  principal  home.  Philip  Will,  who 
afterwards  became  a  chief  of  this  tribe,  was  in  the  siege  of 
Louisbourg  at  the  age  of  fourteen,  and  was  taken  prisoner 
by  the  French.  Remaining  with  the  remnant  of  his  tribe, 
he  was  brought  up  in  the  family  of  Mr  Crocker,  where  he 
was  taught  to  read  and  write  the  English  language,  and 
arithmetic.  He  was  six  feet  three  inches  in  height  and 
well  proportioned.  The  tribe  made  him  chief,  and  for 
many  years  he  was  instrumental  in  preventing  their  utter 
extinction.^ 

The  Pejepscot  Indians  were  in  all  probability  a  sub-tribe 
of  the  Anamgunticooks.  They  had  customary  places  of 
resort,  if  not  permanent  places  of  residence, — at  Brunswick 
Falls,  at  Magquoit,  and  at  Mare  Point.  It  is  now  consid- 
ered probable,  from  the  remains  and  relics  found  there,  that 
the  latter  was  the  place  of  one  of  their  villages  in  the  six- 
teenth century. 

The  plague  which  broke  out  among  them  about  the  year 
1616  so  reduced  them  that  they  numbered  only  fifteen  hun- 
dred warriors.  They  were  still  further  reduced  in  numbers 
by  war  and  other  causes,  so  that  there  were,  according  to 
one  authority,  Nov.  25, 1726,  only  five  Indians  in  the  tribe 
over  sixteen  years  of  age.  John  Hegon  was  their  sachem 
at  this  time.  Twenty-five  years  later  there  were  one  hun- 
dred and  sixty  warriors  in  the  tribe.  This  was  a  large  in- 
crease in  number,  yet  it  shows  how  weak  the  tribe  had 
become. 

The  settlement  of  the  region  occupied  by  this  tribe,  sub- 
sequent to  the  time  of  King  Philip's  war,  presents  continual 
scenes  of  carnage  and  destruction,  midnight  massacres  and 


^  Casper  Cortereal,  the  Portuguese  navigator,  in  1500,  enticed  fifty- 
seven  of  the  natives  (men  and  boys)  on  board  his  ship,  and  luring 
tliem  below  deck,  closed  the  hatchways  upon  them,  and  carried  them 
off  to  sell  them  as  slaves  in  Spain.  Weymouth,  the  captain  of  the 
"Archangel,"  in  1605,  kidnapped  in  a  similar  manner  five  natives,  all 
men  of  rank,  and  took  them  to  England.  One  of  them,  Squantum, 
after  his  return,  was  the  first  Indian  who  visited  the  Pilgrims  on  their 
arrival  at  Plymouth.— See  Life  of  Miles  Standish. 

II  Kennebec  Cljiims,  p.  7.  \  Hutchinson,  p.  266. 


INDIANS   OF    YORK   COUNTY. 


conflagrations,  until  the  tribe  itself  became  extinct.  The 
language  of  the  Ahenaque  nation  has  been  carefully  studied 
by  many  competent  students,  but  the  difficulties  in  the  way 
of  thoroughly  understanding  the  diiFerent  dialects  are  so 
great  that  much  uncertainty  still  exists,  both  as  to  the  cor- 
rect pronunciation  and  derivation,  and  also  as  to  the  mean- 
ing of  very  many  of  the  names  formerly  applied  to  locali- 
ties. 

The  Guiibas  had  their  residence  on  the  Kennebec  River, 
where,  Hubbard  says,  "  were  great  numbers  of  them  when 
the  river  was  first  discovered."  The  tribe  consisted  of  two 
or  three  branches;  for  while  Monquine,  Kennebis,  Abbaga- 
dusett,  between  1648  and  1655,  in  the  capacity  of  chief 
sagamores,  conveyed  to  the  English  all  the  lands  (ten  miles 
in  width)  on  each  side  of  the  river  from  Swan  Island  to 
Wessarunsett  River,  Elderumken,  another  sagamore,  made 
conveyances  on  Stevens  and  Muddy  Rivers  in  1670,  and 
Essemenosque  certified,  in  1G53,  that  the  region  of  Tecon- 
net  belonged  to  him  and  the  wife  of  Watchogo.  The 
principal  residence  of  the  Kennebis,  the  head  chief,  and  of 
his  predecessors  of  the  same  rank  and  title,  was  on  Swan 
Island  in  a  most  delightful  situation,  and  that  of  Abbaga- 
dusett  between  a  river  of  his  name  and  the  Kennebec  on 
the  northern  borders  of  Merrymeeting  Bay.  The  terri- 
tories which  the  tribe  claimed  extended  from  the  sources 
of  the  Kennebec  to  Merrymeeting  Bay,  and  included  the 
islands  on  the  eastern  side  of  the  Sagadahock  to  the  sea. 

While  Jeff'reys,  Charlevoix,  La  Houtan,  and  others,  call 
this  tribe  the  Caiiibas,  the  name  of  Norridgewochs  is  given 
them  by  Mather,  Douglas.s,  and  most  modern  English 
writers,  evidently  from  the  name  of  their  famous  village. 
This  was  the  residence  of  the  French  missionaries,  who 
early  taught  the  tribe  the  forms  of  worship  and  doctrines 
of  the  Roman  Catholic  religion.  The  derivation  of  the 
name  Norridgewock  has  been  given  as  follows  :  "  Norridge' 
{falls)  and  "  wock"  {smooth  loafer),  i.e.,  little  falls  and  in- 
tervals of  smooth  water  above  and  below.*  This  old  village 
of  the  Indians  was  a  very  pleasant  site  opposite  the  mouth 
of  Sandy  River.  It  was  the  general  and  almost  the  only 
resort  of  the  tribe  immediately  after  their  ranks  became 
thinned,  and  a  spot  consecrated  to  them  by  every  sacred 
and  endearing  association. 

The  Wawenocks  inhabited  the  country  east  of  the  Kenne- 
bec, to  and  including  the  St,  George's  River,  Capt,  Smith, 
while  in  the  harbor  of  the  latter  river  in  1608,  was  urged 
by  the  natives  to  pay  court  to  the  great  Bashaba,  the  ruling 
prince  or  superior  chief  The  early  colonists,  also,  at  the 
mouth  of  the  Kennebec,  were  urged  by  the  natives  to  pay 
their  respects  to  this  great  chief,  Moxus,  Wegunganet, 
Wivourna,  and  succeeding  sagamores,  sold  lands  to  the 
English  at  Woolwich,  Damariscotta,  and  other  places  in  that 
quarter. 

The  habitation  of  the  Bashaba  was  near  Pemaquid.  But 
subsequently  to  his  death  the  principal  headquarters  of  the 
tribe  was  on  the  westerly  side  of  the  Sheepscot  River,  near 
the  lower  falls.  From  this  circumstance  Hubbard  speaks 
of  them  as  the  "  Sheepscot  Indians."  Broken  and  wasted 
by  the  disasters  of  the  great  war,  in  which  the  Bashaba  was 


'  Capt.  Francis,  quoted  by  Williamson,  p. 


slain,  they  were  never  afterwards  either  powerful  or  numer- 
ous. In  1747  there  were  only  two  or  three  families  re- 
maining, and  in  a  few  years  after,  all  of  them  were  induced 
by  the  French  to  join  the  St.  Francois  settlement  in  Canada. 
They  were  a  brave,  active  people.  Capt.  Francis  said  the 
name  Wawenocks  signified  "  very  brave,  fearing  nothing." 
According  to  Capt.  Smith,  they  were  strong,  beautiful,  and 
very  witty.  The  men  had  a  perfect  constitution  of  body, 
were  of  comely  proportions,  and  quite  athletic.  They  would 
row  their  canoes  faster,  he  says,  with  five  paddles  than  his 
own  men  could  their  boats  with  eight  oars.  They  had  no 
beards,  he  says,  and  thought  ours  counterfeits.  Their 
women,  though  of  lesser  stature,  were  fleshy  and  well 
formed,  all  habited  in  skins  like  the  men.  This  tribe  was 
always  in  alliance  with  the  Caiiibas,  unchanging  in  peace 
and  in  war,  and  appear  in  this  character  until  their  last 
treaty  with  the  English. 

The  other  divisions  of  the  aboriginal  people  of  Maine — 
the  Etechemins,  inhabiting  the  eastern  portion  of  the  State — 
we  can  only  briefly  mention.  The  geographical  territory 
of  the  tribes  of  this  division  is  placed  by  Hermon  Moll, 
upon  his  map  of  the  English  Empire  in  America,  along  the 
banks  and  at  the  heads  of  the  rivers  Penobscot  and  St. 
John,  eastwardly  to  the  Gulf  of  St.  Lawrence,  and  south- 
wardly to  the  Bay  of  Fundy.  The  charter  of  Nova  Scotia, 
to  Sir  William  Alexander,  1620,  mentions  the  Bay  of  Fundy 
as  dividing  "  the  Etechemins  on  the  north  from  the  Souri- 
quois,  or  Mickmaclis,  on  the  south."  This  great  tribe  or 
nation  of  Indians  was  divided  into  the  Tarratines,  the 
native  inhabitants  of  the  Penobscot ;  the  Openagoes,  or 
Quoddy  Indians,  who  had  their  residence  at  the  Schoodic 
and  Passamaquoddy  Bay ;  and  the  Marechites,  who 
inhabited  the  great  river  St.  John,  called  by  them  the 
Ouygondy. 

Of  the  Tarratines,  Williamson  says, — 

"  They  were  a  numerous,  powerful,  and  warlike  people,  more  bardy 
and  brave  than  their  western  enemies,  whom  they  often  plundered  and 
killed." 

According  to  Hubbard  and  Prince,  they  kept  the  saga- 
mores between  the  Piscataqua  and  the  Mystic  in  perpetual 
fear.  After  the  conquest  and  glory  achieved  in  their  bat- 
tles with  the  Bashaba  and  his  allies,  they  were  not,  like 
their  enemies,  wasted  by  disease  and  famine.  They  retained 
their  valor,  animated  by  success  and  strengthened  by  an 
early  use  and  supply  of  firearms  with  which  they  were 
furnished  by  the  French.  Less  disturbed  than  the  western 
tribes  in  the  enjoyment  of  their  po.ssessions,  and  also  more 
discreet,  they  were  always  reluctant  to  plunge  into  hostilities 
against  the  English,  and  hence  were  neutral,  and  were  sup- 
plied with  provisions  by  Massachusetts  during  the  first 
Indian  war.t 

SQUANDO. 

This  chief,  whom  Mather  calls  "  a  strange  enthusiastical 
sagamore,"  was  a  sachem  of  the  Sokokis  or  Saco  tribe. 
Hubbard  says  he  was  "  the  chief  actor,  or  rather  the  be- 
ginner," of  the  ea.stern  war  of  1675.  The  provocation 
which  excited  him  to  hostility — the  upsetting  of  a  canoe 
in  which  were  his  wife  and  child  by  some  sailors  on  the 

t  Massachusetts  Records,  pp.  50-66. 


40 


HISTORY    OF   YORK   COUNTY,  MAINE. 


Saco  River,  to  see  if  youDg  Indian  children  could  swim 
naturally  like  wild  animals,  which  Squando  resented  as  a 
great  indignity,  and  to  which  he  attributed  the  death  of 
the  child  soon  after — is  related  in  the  history  of  the  war, 
farther  on.  But  probably  that  was  only  the  occasion,  not 
the  cause,  of  his  ill-will,  for  he  claimed  to  have  a  special 
revelation  that  the  Great  Spirit  had  left  the  English  people 
to  be  destroyed  by  the  Indians.  Squando  possessed  great 
strength  of  mind,  and  was  very  grave  in  his  manner  and 
impressive  in  his  address.  In  the  spiritual  devotions  of 
the  Indians  he  was  a  leader  and  an  enthusiast,  claiming  to 
have  direct  intercourse  with  the  spirits  of  the  invisible 
world,  who  imparted  to  him  a  knowledge  of  future  events. 
"  An  angel  of  light,"  said  he,  "  has  commanded  me  to 
worship  the  Great  Spirit,  and  to  forbear  hunting  and  labor- 
ing on  che  Sabbath." 

The  Indians  were  not  without  a  form  of  government, 
which  had  great  similarity  among  all  the  eastern  tribes. 
The  chief  aboriginal  monarch  of  the  east  was  entitled  the 
Bashaba.  His  residence  was  with  the  Wawanock  tribe. 
This  ruler  is  frequently  spoken  of  by  the  earliest  navigators, 
but  the  line  seems  to  have  been  terminated  by  his  overthrow 
as  early  as  1616.* 

At  the  head  of  every  tribe  was  a  sagamoref  or  chief 
magistrate,  whose  councilors,  or  wise  men,  were  denomi- 
nated sachems,  in  modern  time  captains.  In  council  they 
directed  war  and  peace.  The  government  was  patriarchal. 
The  sagamore  possessing  superiority  of  rank  and  power 
always  presided  when  present,  and  next  to  him  was  a 
sachem  of  secondary  grade  and  influence  On  great  occa- 
sions all  the  principal  men  of  the  tribe  were  assembled  and 
consulted,  much  as  the  people  in  a  democratic  form  of  gov- 
ernment among  white  men  are  called  upon  to  vote  on 
questions  intimately  affecting  the  interest  of  the  whole 
community.  Their  assemblies,  from  which  females  were 
usually  excluded,  were  conducted  with  the  utmost  order 
and  decorum  ;  the  old  men  spoke  first,  and  were  especially 
venerated  by  the  younger  members  for  their  wisdom  and 
experience. 

The  office  of  sagamore  continued  during  life.  When  a 
sagamore  died  the  tribe  preferred  to  have  his  son  or  some 
near  relative  succeed  him  ;  but  the  choice  was  always  by  a 
popular  election,  and  party  spirit  and  rancor  often  ran  high 
in  these  contests,  as  in  the  political  campaigns  of  more 
civilized  communities. 

There  being  such  a  similarity  between  the  political  sys- 
tems of  the  Etechemins  and  their  English  neighbors,  it 
has  been  easy  for  them  to  boiTow  the  very  names  of  the 
latter  for  their  officers  of  state,  such  as  governor,  lieuten- 
ant-governor, captain,  etc.,  names  which,  in  modern  times, 
they  have  generally  adopted.  The  three  Etechemin  tribes 
had,  from  time  immemorial,  chosen  their  sagamores  and 
sachems  by  a  general  election,  and  those  of  each  tribe  were 
inducted  into  office  by  delegations  chosen  from  the  other 
tribes.    The  ceremonies  of  induction^  were  often  very  inter- 

«  "The  Saco  is  the  westernmost  river  of  the  Bashebez."— /"iircAas" 
Pilgrims,  book  10,  chap.  6. 
.  t  Soundetl  by  the  Indians  "  S'ii>iA--a-mii;(." 

%  See  Williamson,  vol.  i.  p.  496,  for  an  account  of  the  induction  of 
Aitteon,  Neptune,  and  others,  of  the  Penobscola. 


esting.  Of  course,  their  laws  were  few  and  simple,  con- 
sisting of  those  unwritten  maxims  handed  down  from  one 
generation  to  another.  But  simple  as  they  were,  they  were 
often  of  greater  binding  force  and  more  generally  observed 
than  the  complicated  enactments  of  civilized  nations,  which 
cumber  volumes  of  statute-books. 

The  character  of  many  of  the  Indians  was  noble,  es- 
pecially when  uncontaminated  by  contact  with  civilized 
men,  and  their  orators  have  left  us  examples  of  eloquence 
unsurpassed  for  native  force,  strength,  and  sublimity. 
When  the  passions  engendered  by  strife  with  them  shall 
have  died  away,  the  American  people  will  look  upon  them 
with  a  more  just  appreciation  of  their  character,  and  study 
their  history  with  greater  interest. 


CHAPTER    X. 

THE  FIRST  INDIAN  "WAK. 

Cause  of  Hostilities— Attack  on  the  House  of  Thomas  Purchase- 
Murder  of  the  Wakely  Family— Massacre  at  Dunstan— Attack  on 
Maj.  Phillip.s'  Garrison— Bloody  Tragedy  at  Salmon  Falls— Murder 
of  Roger  Plaisted  ;ind  his  Son— Attack  on  Falmouth— Capture  of 
the  Fort  at  Black  Point— Daring  assault  on  Wells— Death  of  Mugg. 

At  the  breaking  out  of  King  Philip's  war  the  Gen- 
eral Court,  apprehensive  of  Indian  troubles  in  the  eastern 
settlements,  appointed  Capts.  Patteshall,  Lake,  and  Wiswell 
a  committee  to  superintend  military  affairs  at  Sagadahock. 
They  were  instructed  to  furnish  themselves  with  all  neces- 
sary munitions  of  war  for  the  common  defense,  and  to  sell 
neither  gun,  knife,  powder,  nor  lead  to  any  Indian  except 
those  well  known  to  be  friendly  to  the  English.  The  In- 
dians were  the  most  numerous  in  this  portion  of  Maine  and 
were  supposed  to  be  the  most  dangerous.  Although  at  this 
time  England  and  France  were  in  close  alliance,  the  Indians 
had  obtained  of  the  French  traders  in  Canada  and  on  the 
Penobscot  a  supply  of  arms  and  ammunition,  and  had  gener- 
ally become  well  acquainted  with  their  use.  Of  all  the 
gifts  of  the  European  to  the  savage,  this  instrument,  the 
gun,  which  enabled  him  so  surely  and  readily  to  take  the 
game  upon  which  his  subsistence  depended,  was  the  most 
highly  prized. 

This  fact  is  alluded  to  because  in  its  light  will  be  more 
readily  seen  the  ill-advised  attempt  of  the  committee  to  dis- 
arm the  Indians  in  order  to  prevent  them  from  destroying 
the  white  settlements.  It  is  said  that  when  the  news  of 
Philip's  war  reached  York,  on  the  11th  of  July,  1675, 
Henry  Sayward,  of  that  place,  dispatched  a  messenger  to 
Sagadahock,  with  a  letter  to  the  committee,  in  which  he 
mentioned  the  expedient  of  taking  from  the  Indians  along 
the  coast  their  firearms  and  ammunition.  The  committee,  at 
all  events,  acted  upon  the  plan,  and  through  a  Mr.  Walker,  a 
trader  at  Sheepscot,  many  of  the  Indians  in  that  vicinity 
were  induced  to  give  up  their  guns  and  knives.  A  band 
of  some  twelve  others  was  soon  brought  in  from  the  Ken- 
nebec, who  did  likewise.  On  this  latter  occasion  a  serious 
quarrel  occurred  between  an  Indian  and  a  white  man  named 
Mallet,  the  Indian  only  being  prevented  from  taking  Mai- 


THE    FIRST   INDIAN   WAR. 


let's  life  by  being  arrested  and  confined  in  a  cellar.  He, 
however,  made  confession,  gave  hostages  for  his  good  be- 
havior, and  offered  a  ransom  of  forty  beaver-skins,  upon 
which  he  was  released  and  set  at  liberty. 

Although  Capt.  Lake  made  every  effort  to  conciliate  the 
Indians,  and  Robinhood  made  a  great  feast  to  celebrate  the 
"  peace"  with  song  and  dance,  yet  the  Indians  were  dissat- 
isfied, and  complained  that  their  arms  were  taken  from  them 
to  prevent  their  hunting  game,  in  consequence  of  which  they 
suffered  greatly,  and  many  had  been  reduced  nearly  to  star- 
vation. They  also,  at  a  later  stage,  charged  the  English 
with  the  systematic  attempt  to  disarm  them,  so  that  they 
might  destroy  them  and  take  their  lands.  This  charge  was 
not  well  founded,  but  the  measures  adopted  afforded  a  pre- 
text to  the  Indians  generally  to  engage  in  the  destruction 
of  the  white  settlements. 

There  were  other  causes.  Squando,  the  far-famed  saga- 
more of  Saco,  had  long  cherished  a  bitter  antipathy  towards 
the  English,  and  his  resentment  had  recently  been  provoked 
by  an  affront  which  he  could  not  overlook.  As  his  squaw 
was  passing  along  the  Saco  River  in  a  canoe,  with  her  infant 
child,  she  was  accosted  by  several  rude  sailors,  who,  having 
heard  that  the  Indian  children  could  swim  as  naturally  as 
the  young  of  the  lower  animals,  approached  her,  and,  in  a 
fit  of  inconsiderate  humor,  overset  the  canoe  to  try  the  ex- 
periment. The  child  sank,  and  though  the  mother,  diving, 
brought  it  up  alive,  it  soon  after  died  ;  and  the  parents  im- 
puted its  death  to  the  ill  treatment  received.  So  highly 
did  this  exasperate  Squando  that  he  resolved  to  use  all  his 
arts  and  influence  to  arouse  and  inflame  the  Indians  against 
the  settlers. 

Many  of  the  early  traders  also  overreached  and  deceived 
the  Indians,  and  thus  brought  upon  themselves  their  merited 
vengeance.  Such  was  Walter  Bagnall,  whom  the  Indians 
killed  on  Richmond's  Island  in  1631;  and  such  was  Thomas 
Purchase,  who  had  lived  near  Brunswick  Falls  for  thirty  or 
forty  years,  and  had  acquired  a  large  fortune  by  the  spoils 
of  Indian  trade. 

Though  he  had  courted  their  friendship,  and  in  1639 
had  put  himself  and  his  possessions  under  the  protection  of 
Massachusetts,  he  was  the  earliest  eastern  sufferer  in  the 
war.  What  would  have  been  his  fate  personally  had  he  not 
been  absent  when  the  Indians  visited  and  devastated  his 
plantation,  on  the  5th  of  September,  1675,  is  unknown; 
but  probably  his  life  would  not  have  been  spared.  As  it 
was,  the  savages  spared  his  wife  ;  contented  themselves  with 
securing  what  plunder  they  could  ;  killing  a  calf  and  some 
sheep  near  the  door ;  rifling  his  store  of  liquors,  and  making 
themselves  merry  with  the  booty.  In  the  midst  of  this 
scene  a  son  of  Purchase,  suddenly  returning  home,  on  horse- 
back, was  an  eye-witness  of  the  mischief  But  he  was 
powerless  to  prevent  it,  and  his  own  life  being  in  danger, 
he  fled,  pursued  by  a  sturdy  and  swift-footed  Indian,  with 
a  gun  concealed  under  his  blanket.  Being  on  horseback, 
however,  he  made  good  his  escape. 

On  the  12th  of  September  an  Indian  party  made  a 
descent  on  the  Wakely  family,  living  remote  from  neigh- 
bors at  the  Presumpscot  River,  in  Falmouth.  The  family 
consisted  of  nine  persons,  at  the  head  of  whom  was  Thomas 
Wakely,  an  old  man.     Thomas  Wakely  himself  was  killed. 


his  wife,  his  son  John  and  wife,  and  three  of  their  chil- 
dren ;  two  were  taken  captives,  and  the  house  reduced  to 
ashes.  "  The  flames  and  smoke  brought  to  the  place  Lieut. 
George  Ingersoll,  and  a  military  party  from  Falmouth  Neck, 
too  late,  however,  to  do  more  than  see  the  ruins  and  relics 
of  this  ill-fated  family.  The  body  of  the  aged  man  the 
fire  had  half  consumed.  The  only  remains  of  his  wife  and 
son  were  their  bones  burnt  to  a  cinder.  His  daughter-in- 
law,  near  confinement,  was  pierced  and  mangled  in  a  man- 
ner too  horrid  to  be  described  ;  and  three  of  her  children, 
whose  brains  had  been  beaten  out,  were  partly  hidden  under 
some  oaken  planks.  The  other,  if  surviving  and  made  a 
captive,  probably  soon  sank  into  the  arms  of  death  through 
fatigue  and  want,  nothing  afterwards  being  heard  of  the 
little  sufferer."  Elizabeth,  the  youngest  daughter  of  Mr. 
Wakely,  about  eleven  years  old,  was  carried  into  captivity, 
where  she  remained  nine  months,  when  she  was  restored 
to  Maj.  Waldron,  at  Dover,  through  the  agency,  it  is  said, 
of  Squando. 

After  this  a  son  of  Lieut.  Ingersoll  was  killed,  and  his 
house  and  those  of  his  neighbors  burnt. 

The  marauding  bands  of  savages  at  this  time  seemed  to 
be  seeking  the  more  remote  and  exposed  settlements.  On 
the  20th  of  September  a  company  entered  Scarborough, 
and  killed  several  at  Blue  Point,  a  woman  and  six  children 
being  among  the  sufferers.  They  next  visited  Dunstan,  at 
a  considerable  distance  from  the  sea-coast,  where  the  Algers 
had  settled  in  1650,  having  purchased  one  thousand  acres 
of  land  from  the  Indians.  On  the  12th  of  October,  An- 
drew Alger  was  killed,  and  his  brother  Arthur  mortally 
wounded.     A  deposition  in  the  old  York  records  says, — ■ 

"Their  families  and  their  children  and  their  families  were  driven 
off,  their  houses  and  barns  burnt,  their  cattle  killed,  and  the  chief  of 
all  they  had  was  destroyed." 

The  main  settlement  at  Saco  was  at  this  time  at  Winter 
Harbor.  But  mills  had  been  erected  at  the  Lower  Falls, 
surrounded  by  a  few  dwellings  and  tenant-houses.  On  the 
eastern  side  of  the  river,  half  a  mile  below  the  falls,  stood 
the  house  of  John  Bonython,  which  in  anticipation  of  In- 
dian troubles  had  been  fortified.  A  stronger  garrison  house, 
that  of  Maj.  William  Phillips,  stood  on  the  opposite  side, 
near  where  the  present  bridge  crosses  the  river.  Bonython 
had  been  informed  by  a  friendly  Indian  that  a  party  from 
the  hostile  tribes  had  been  at  his  wigwam  trying  to  excite 
the  So/cokis  to  lift  the  hatchet  against  the  white  settlers, 
and  that  they  had  passed  on  to  the  eastward,  whence  they 
expected  soon  to  return  with  a  larger  force.  This  warning 
induced  the  settlers,  to  the  number  of  about  fifty  persons, 
to  take  refuge  in  the  garrison-house  of  Maj.  Phillips.  They 
had  not  been  long  within  its  walls,  when  they  saw  Bonython's 
house  in  flames.  Maj.  Phillips,  on  looking  out  of  his 
chamber  window,  was  wounded  in  the  shoulder  by  a  shot 
from  an  Indian  concealed  near  the  building.  He  stepped 
back  from  the  window,  to  avoid  being  the  mark  for  a  second 
shot,  when  the  Indians,  supposing  he  had  fallen  dead,  rallied 
with  a  shout  from  their  ambush  to  attack  the  fort.  At  that 
instant  they  were  tired  upon  from  the  house  and  flankers 
of  the  garrison  in  such  a  manner  as  to  wound  several  of 
them,  and  deal  a  shot  to  their  leader  of  which  he  died  soon 
after.      The   Indians,  however,  rallied,   and   besieged   the 


42 


HISTORY  OF   YORK   COUNTY,  MAINE. 


house  till  near  morning,  when,  discouraged  in  their  attempts 
to  take  it  by  assault,  they  constructed  an  engine  of  combus- 
tible material  on  a  cart,  which  they  thought  to  push  near 
enough  to  the  garrison  to  set  fire  to  it.  But  in  this  scheme 
they  were  thwarted  by  an  accident ;  one  wheel  of  the  vehicle 
being  obstructed  by  a  gutter,  over  which  they  were  attempt- 
ing to  push  it,  caused  the  engine  to  swing  round  towards 
the  right  flanker,  exposing  the  whole  party  to  a  fatal  fire, 
which  was  quickly  improved.  Six  Indians  fell  and  expired, 
fifteen  were  wounded,  and  the  remainder,  discouraged  and 
mortified  at  their  repulse,  withdrew  from  the  scene  of  action. 

Maj.  Phillips,  finding  his  ammunition  and  supplies  ex- 
hausted, and  being  unable  to  obtain  succor,  removed  with 
the  other  settlers  to  Winter  Harbor.  His  house  was  left 
unoccupied,  and  was  soon  after  burnt  by  the  Indians.  They 
destroyed  all  the  houses  about  Winter  Harbor,  and  carried 
captive  Mrs.  Hitchcock,  who  never  returned.  It  was  re- 
ported that  she  died  from  eating  some  poisonous  roots  which 
she  took  to  be  ground-nuts. 

About  this  time  the  Indians  killed  five  travelers,  whom 
they  overtook  on  the  banks  of  the  Saco  River. 

About  the  same  time  Ambrose  Boaden  was  killed,  and 
Robert  Jordan's  house  with  its  contents  was  consumed,  at 
Spurwink. 

Hearing  of  the  defenseless  condition  of  Saco,  Capt.  Win- 
coin,  of  Newichawannock,*  and  sixteen  volunteers,  pro- 
ceeded to  their  assistance  by  water.  On  landing  at  Winter 
Harbor  they  were  fired  upon  by  several  prowling  savages, 
and  two  or  three  of  their  number  killed  ;  the  savages  gave 
the  alarm  to  their  confederates,  who  were  still  in  the  vicinity 
in  large  numbers,  and  Wincoln,  on  landing  with  his  little 
band  of  brave  defenders,  was  met  by  one  hundred  and  fifty 
Indians,  well  armed  and  equipped.  Wincoln,  overpowered 
by  superior  numbers,  retired  behind  a  pile  of  shingle-bolts, 
from  which  breastwork  he  contested  the  ground  so  vigor- 
ously with  his  adversaries  that  they  were  forced  to  retire 
with  considerable  loss.  They,  however,  retired  only  to 
form  an  ambush  near  the  place  where  Wincoln's  boats  had 
landed,  into  which  his  brave  little  band,  joined  by  nine 
others  from  the  town,  unconsciously  fell,  and  were  shot 
down  and  nearly  all  killed. 

The  enemy  now  marked  the  settlements  above  the  Pis- 
eataqua  for  destruction,  and  in  marching  thither  killed 
several  people  in  Wells. 

About  one  hundred  and  fifty  rods  above  the  garrison  and 
mills  at  Salmon  Falls  dwelt  John  Tozier,  whose  habitation 
was  on  the  extreme  frontier.  He  and  the  men  of  his 
neighborhood  were  absent  with  Captain  Wincoln.  His 
family  consisted  of  fifteen  persons,  all  women  and  children. 
Against  this  defenseless  family,  Andrew  of  Saco,  and  Hope- 
hood  of  Kennebec,  two  of  the  boldest  warriors  of  their 
tribes,  led  on  the  attack.  Their  approach  was  first  discov- 
ered by  a  young  girl  of  eighteen,  who  shut  the  door  and 
held  it  fiist  till  it  was  cut  in  pieces  by  their  hatchets,  and 
the  family  had  escaped  the  back  way.  Mad  and  disap- 
pointed at  finding  the  house  empty,  some  of  the  savages 
inflicted  repeated  blows  upon  the  heroic  girl,  till  she  was  ap- 
parently expiring,  and  the  rest,  in  pursuit  of  the  family. 


overlooked  two  of  the  children  ;  one,  three  years  old,  being 
too  young  to  travel,  they  at  once  dispatched,  and  the  other 
they  took  and  kept  with  them  six  months.  The  young 
heroine  revived  after  their  departure,  and  repairing  to  the 
garrison,  was  healed  of  her  wounds  and  lived  many  years. 

The  incendiary  savages  the  day  following  set  fire  to  the 
house  and  buildings  of  Capt.  Wincoln,  which  stood  near  the 
upper  mills,  and  reduced  them  and  their  contents  to  ashes. 
One  of  the  barns  contained  more  than  a  hundred  bushels  of 
corn.  The  men  from  the  garrison  pursued  them  till  night, 
firing  at  them  occasional  shots,  but  the  darkness  put  an  end 
to  their  pursuit.  In  the  morning  the  savages  appeared  on 
the  western  shore,  and  fired  several  shots  across  the  river  at 
the  workmen  in  the  mill.  At  twilight  they  appeared  more 
conspicuously,  and  flung  their  taunting  speeches  across  the 
river,  calling  the  people  "  English  dogs"  and  "  cowards." 

Many  of  the  eastern  Indians  had  remained  thus  far 
peaceable.  At  Sagadahock  the  Canibas  had  retired  with 
their  families  to  the  trading-house  under  charge  of  Capt. 
Silvanus  Davis,  and  were  receiving  a  regular  distribution 
of  supplies.  Abraham  Shurte,  chief  magistrate  of  the  plan- 
tation, had  drawn  them  into  a  treaty  to  live  in  peace  with 
the  English,  and  to  prevent,  if  possible,  the  Anasaguiiti- 
cooks  from  committing  any  more  depredations  upon  the 
.settlers  or  the  traders.  But  in  the  excitement  of  the  times 
many  acted  with  great  indiscretion,  especially  the  islanders 
of  Monhegan,  who  offered  a  bounty  of  £5  for  every  Indian 
scalp  that  should  be  brought  to  them. 

In  October,  1675,  the  General  Court,  in  order  to  secure 
as  far  as  practicable  the  co-operation  of  such  Indians  as 
were  disposed  to  be  friendly,  ordered  moneys  to  be  dis- 
tributed out  of  the  public  treasury  for  the  relief  of  those 
who  would  become  the  subjects  and  allies  of  the  colony, 
and  appointed  Maj.  Richard  Waldron,  of  Dover,  and 
Capt.  Nicholas  Shapleigh,  of  Kittery,  to  negotiate  a  treaty 
with  the  friendly  tribes  upon  terms  congenial  to  their 
wishes.  The  court  also  directed  the  eastern  trading-house 
to  be  discontinued,  and  made  provisions  for  an  expedition 
into  Maine  under  Maj.  Clarke.  A  vessel  was  laden 
with  military  stores  and  provisions,  and  sent  from  Boston 
with  a  force  of  fifty  soldiers,  commanded  by  Lieut.  Joshua 
Scottow.  We  learn  from  Scottow's  journal  that  he  arrived 
with  his  soldiers  at  Black  Point  about  the  last  of  October, 
and  had  command  of  the  garrison  there,  which  was  the 
headquarters  of  the  "  Maine  Guard."  October  31st,  Capt. 
John  Wincoln  was  sent  up  to  Dunstan  with  sixty  men  to 
save  corn  and  fight  the  Indians.  November  2d,  in  the 
afternoon,  twenty-nine  of  the  inhabitants,  while  threshing 
grain,  were  nearly  surrounded  by  seventy  or  eighty  Indians. 
They  were  relieved  by  a  force  under  Sergt.  Tappen. 

On  fast  day,  7th  of  October,  a  man  in  Newichawannock 
(South  Berwickj  was  shot  from  his  horse  and  soon  died. 
Two  boys,  about  a  mile  ofl^,  sufiered  the  same  fate,  and 
were  stripped  of  their  clothing  and  guns.  These  acts  were 
but  the  precursors  of  a  savage  onslaught,  which  indicated 
that  the  whole  settlement  had  been  doomed  for  destruction. 
October  IGth,  a  hundred  Indians  assailed  the  house  of 
Richard  Tozier,  killed  him,  and  carried  his  son  captive. 
Lieut.  Roger  Plaisted,  the  commander  of  the  garrison,  an 
oflicer  of  true  courage  and  a  man  of  public  spirit,  having  a 


THE    FIRST   IiNDIAN    WAR. 


partial  view  of  the  massacre  about  one  hundred  and  fifty 
rods  distant,  dispatched  nine  of  his  besit  men  to  reconnoitre 
the  enemy,  who  falling  into  an  ambush,  three  were  shot 
down,  and  the  others  with  difficulty  effected  their  escape. 
Plaisted  on  that  day  dispatched  a  letter  to  Major  Waldron 
and  Lieutenant  Coffin,  at  Dover,  saying, — 

■'  The  Indians  are  just  now  engaging  us  with  at  least  one  hundred 
men,  and  have  slain  four  of  our  men  already— Richard  Tozier,  James 
Barry,  Isaae  Botts,  and  Tozier's  son — and  burnt  Benoni  Hodson's 
house.  Sirs,  if  ever  you  have  any  love  for  us  and  the  country,  now 
show  yourselves  with  men  to  help  us,  or  else  we  are  all  in  great  danger 
to  be  slain,  unless  our  God  wonderfully  appears  for  our  deliverance. 
They  that  cannot  fight,  let  them  pray." 

While  Plaisted  was  attempting  to  bring  in  the  bodies  of 
his  slain  companions,  one  hundred  and  fifty  savages,  rising 
behind  a  stone  wall,  poured  upon  his  soldiers  a  well-directed 
volley,  and  leaping  over  the  wall  pursued  the  assault.  The 
oxen  took  fright  and  ran  to  the  garrison.  The  engagement 
instantly  became  fierce  though  unequal.  Plaisted  and  his 
men  withdrew  to  a  more  eligible  spot  of  ground,  and  being 
greatly  overmatched  by  numbers,  the  mo.st  of  them  with- 
drew ;  but  he,  disdaining  either  to  fly  or  to  yield,  though 
urged  again  and  again  to  surrender,  fought  with  desperate 
courage  till  literally  hewed  to  pieces  by  the  enemy's  hatch- 
ets. A  fellow-soldier,  and  Plaisted's  eldest  son,  unwil- 
ling to  leave  the  intrepid  man,  sought  their  retreat  too  late 
and  were  slain.  Another  son,  a  few  weeks  after,  died  of 
his  wounds.  The  father  had  represented  Kittery  four  years 
in  the  General  Court,  and  was  highly  respected  for  his  un- 
common valor,  worth,  and  piety.  He  and  his  sons  were 
buried  on  his  own  land  near  the  battle-ground,  in  full  view 
from  the  highway  leading  through  Berwick,  whose  lettered 
tombstone  tells  succeeding  ages — 

"  A'.-nr  this  place  Ues  buried  the  hody  of  Roger  I'laitlell,  who  wui 
killed  by  the  Indians,  Oct.  16,  1675,  aged  ii  ijearn  ;  also,  the  bodij  of 
his  son,  Roger  Plaisted,  who  was  killed  at  the  same  time"''^ 

The  murder  in  Wells  of  Mr.  Cross,  Mr.  Isaac  Cousins, 
and  a  hired  man  of  William  Symonds,  whose  house  they 
laid  in  ashes,  completed  the  bloody  work  of  the  savages  for 
the  year.  They  had  fought  for  revenge  and  plunder,  and 
they  were  gratified,  if  not  satiated.  It  was  intended  to 
lead  a  winter  campaign  against  them  in  their  fastnesses  at 
Pequawket,  Ossipee,  and  Pejepscot;  but  the  unusual  depth 
of  snow  caused  the  enterprise  to  be  abandoned,  and  brought 
the  destitute  and  sufl^ering  Indians  to  sue  for  peace.  Messrs. 
Waldron  and  Shapleigh  entered  into  a  treaty  with  them  ; 
and  it  has  been  thought  that  "  the  dying  embers  of  war,  kept 
smothered  through  seven  succeeding  months,"  might  never 
have  been  rekindled  had  the  white  people  been  governed  by 
maxims  of  justice  and  prudence.  But  during  the  winter 
influences  were  brought  to  bear  upon  Maj.  Waldron  which 
induced  him  to  issue  general  warrants  for  the  seizure  of 
every  Indian  known  to  be  a  manslayer,  traitor,  or  con- 
spirator. Armed  with  this  authority,  the  unscrupulous 
traders  along  the  coast,  for  purposes  of  their  own  private 
gain,  went  to  seizing  Indians,  irrespective  of  their  character 
or  complicity  with  the  war,  and  carrying  them  off  to  foreign 
countries  to  sell  as  slaves.  A  trader  of  tiiis  sort  was  warned 
away  from  the  shores  of  Pemaquid  by  Mr.  Shurte,  who 


»1  Wi 


p.  528;  Sullivan,  p.  250. 


entreated  him  to  depart,  as  the  English  and  the  natives  in 
that  vicinity  were  in  a  state  of  profound  peace.  Yet  he 
treacherqusly  caught  several,  and  carried  them  into  foreign 
countries  and  sold  them  into  slavery.f  Another,  by  the 
name  of  Laughlin,  with  one  of  Maj.  Waldron's  warrants, 
seized  several  Mickmacks  at  Cape  Sable  for  the  same  da.s- 
tardly  purpose.  Thus  were  the  Indians,  who  might  have 
been  friends,  made  enemies,  and  the  area  of  their  hostility 
vastly  extended,  so  that  all  the  eastern  tribes  to  Nova 
Scotia  and  the  St.  John  were  ready  to  raise  the  hatchet 
against  the  English.  Mr.  Shurte  did  everything  in  his 
power  to  conciliate  them,  assuring  them  that,  if  their  friends 
were  transported,  they  should  be  returned  to  their  homes, 
and  the  trangressors  arrested  and  punished. 

Through  the  influence  of  Capt.  Silvanus  Davis  and 
others,  he  induced  the  Anasuffunticooks  and  Canibas  to 
agree  to  a  council  with  a  view  of  forming  with  them  a 
treaty  of  peace.  They  met  the  sagamores  in  council  at 
Teconnet,  and  were  kindly  and  courteously  received.  The 
point  which  the  Indians  insisted  upon  was  that  they  should 
be  supplied  with  ammunition,  so  that  they  might  be  able 
to  pursue  their  hunting  and  furnish  themselves  with  sub- 
sistence. The  English  doubted  the  propriety  of  this  step, 
lest  they  might  use  the  ammunition  against  the  settlers  or 
furnish  it  to  the  western  Indians,  and  a  long  parley  ensued. 
Finally,  Madockawando  said,  "  Do  toe  not  meet  here  oh 
equal  ground?  Where  shall  we  buy  powder  and  shot  for 
ovr  winter  s  hunting  when  we  have  eaten  up  all  our  corn  ? 
Shall  we  leave  Englishmen  and  apply  to  the  French  ?  or 
let  our  Indians  die?  We  have  waited  long  to  hear  you 
tell  us,  and  now  we  want  yes  or  no.'' 

"  You  may,"  said  the  agents,  "  have  ammunition  for 
necessary  use ;  but  you  say  yourselves  there  are  many 
western  Indians  who  do  not  choose  peace.  Should  you  let 
them  have  the  powder  we  sell  you,  what  do  we  better  than 
cut  our  own  throats  ?  This  is  the  best  answer  we  are 
allowed  to  return  you,  though  you  wait  ten  years."  This 
answer  displeased  the  chiefs,  and  they  declined  any  further 
talk.  The  agents  returned  home,  apprehending  a  speedy 
renewal  of  hostilities. 

About  this  time  the  eastern  Indians  had  been  reinforced 
by  some  of  the  most  cunning  and  desperate  adherents  of 
King  Philip,  who,  upon  the  fall  of  their  leader,  Aug.  12, 
1676,  had  dispersed  themselves  among  the  Penacoohs  and 
Abenaques,  inflaming  them  with  their  own  maddened  pas- 
sions, peculiarly  in  harmony  with  the  spirit  of  Squando, 
who  burned  with  impatience  to  see  the  work  of  destruction 
renewed.  Three  of  the  most  noted  fugitives  had  taken  or 
acquired  the  English  names  of  Simon,  Andrew,  and  Peter. 
They  had  escaped  to  the  Merrimac  River  a  short  time 
before  the  downfall  of  their  prince,  and  had  killed  Thomas 
Kimball,  and  taken  captive  his  wife  and  five  children. 
They  then  endeavored  to  conceal  themselves  among  the 
Penacooks,  who  had  been  neutrals  in  the  war;  but 'they 
were  seized  on  one  of  Maj.  Waldron's  warrants,  and  closely 
confined  at  Dover,  whence,  in  July,  they  effected  their  es- 
cape, and  went  to  Casco  Bay,  where  they  murdered  and  cap- 
tured the  Brackett  family,  killed  Michael  Mitten,  Robert 
Corbin,  Humphrey  Durham,  and  Benjamin  Atwell.  The 
t  Hubbard's  Indian  Wars,  p.  332. 


HISTORY   OF   YORK   COUNTY,  MAINE. 


surviving  inhabitants  hastily  fled  to  a  garrison  on  Munjoy 
Hill,  but  feeling  that  they  were  not  safe  there,  seized  the 
opportunity,  while  the  Indians  were  hurrying  away  their 
captives,  to  retreat  in  boats  to  Bangs'  Island,  where  they 
protected  themselves.  The  peninsula  of  Falmouth  Neck 
(now  Portland)  was,  during  a  subsequent  period,  wholly 
deserted,  thirty -four  persons  being  killed  in  this  surprise,  or 
carried  into  captivity,  and  nearly  all  the  property  of  the 
place  destroyed.  The  inhabitants  did  not  return  generally 
till  the  peace  of  1678.  In  one  month  fifteen  leagues  of 
coast  eastward  of  Falmouth  were  laid  waste.  The  inhab- 
itants were  either  massacred,  carried  into  captivity,  or 
driven  to  the  islands  or  remote  places,  and  the  settlements 
abandoned  or  in  ruins. 

The  inhabitants  had  endured  with  fortitude  a  series  of 
hardships  for  many  years,  and  those  of  the  peninsula  in 
particular  could  not  entertain  the  thought  of  abandoning 
their  homes  and  their  all  to  the  savage  destroyer.  Upon 
Munjoy 's  Island,  two  leagues  from  the  shore,  was  an  old 
stone  house,  which  was  easily  made  a  shelter  for  a  few  of 
them  ;  and  upon  Jewell's  Island  others  fortified  themselves. 
The  Indians,  flushed  with  success,  resolved  to  overleap  even 
these  water-barriers,  and  attack  the  English  in  their  island 
retreats.  In  September,  while  the  men  were  engaged  in 
fishing  and  the  women  washing  by  the  water-side,  the  In- 
dians, who  had  secretly  landed  in  their  canoes,  made  a  rush 
upon  them.  At  first  a  brave  lad  fired  from  the  house  and 
killed  two  of  the  enemy.  Mrs.  Potts  and  several  of  her 
children  were  quickly  seized.  On  the  arrival  of  some  of  the 
men,  who  by  this  time  had  heard  the  alarm,  the  Indians,  to 
protect  themselves  from  the  shots,  seized  the  children  and 
held  them  between  their  own  breasts  and  the  guns,  so  that 
the  parents  dare  not  fire.  The  most  of  them,  however, 
rushed  with  great  intrepidity  into  the  midst  of  the  Indians, 
and,  with  the  loss  of  a  few  killed  and  made  captives,  suc- 
ceeded in  driving  them  to  their  canoes.  The  assailants  pro- 
ceeded to  Spurwink,  where  they  killed  two  and  wounded 
others. 

Massachusetts,  amidst  these  alarming  depredations,  raised 
a  military  force  of  one  hundred  and  thirty  English  and 
forty  Natic  Indians,  who  arrived  at  Dover  September  6th, 
where  they  formed  a  junction  with  the  soldiers  under  Majs. 
Waldron  and  Frost.  At  this  time  four  hundred  Indians  of 
diff'erent  tribes  assembled  at  Dover,  many  of  them  known 
to  be  malignant  fugitives  from  the  westward,  others,  treach- 
erous violators  of  the  treaty,  and  all  acting  in  concert  that 
boded  ill  to  the  whites.  Waldron,  by  means  of  his  noted 
"  sham-fight,"  which  he  proposed  that  the  Indians  should 
engage  in  on  one  side  and  the  English  on  the  other,  suc- 
ceed in  "bagging"  the  whole  four  hundred  in  the  most 
unsuspected  way.  The  amusement  was  continued  a  short 
time,  when  Waldron  induced  them  to  fire  a  grand  round, 
and  the  moment  their  guns  were  discharged,  his  troops  sur- 
rounded the  unwary  Indians,  seized  and  disarmed  them, 
without  the  loss  of  a  man  on  either  side.  Wonnolancet  and 
his  tribe,  all  adherents  to  the  English  and  neutrals  in  the 
war,  were  discharged.  The  "  strange  Indians"  from  the 
westward,  and  every  one  who  had  been  guilty  of  bloodshed 
or  violence  since  the  treaty  (^abuut  two  hundred  in  number) 
were  confined  and  sent  to  Boston.    They  were  tried  by  the 


Supreme  Court,  and  seven  or  eight  executed ;  the  others, 
receiving  the  sentence  of  banishment,  were  transported  to 
foreign  parts.  This  conduct  on  the  part  of  Major  Waldron 
was  the  subject  of  much  criticism  and  considerable  division 
of  sentiment  among  the  people,  but  it  was  approved  by  the 
government.  The  Indians,  however,  considered  it  a  base 
Yankee  trick,  and  they  never  forgot  nor  forgave  it. 

On  the  3d  of  September,  the  troops,  under  the  senior 
command  of  Capt.  Hawthorne,  proceeded  to  Falmouth, 
where  they  arrived  on  the  20th,  having  visited  by  the  way 
Wells,  Winter  Harbor,  Black  Point,  and  Spurwink.  On 
their  arrival  at  Falmouth  Neck,  Fort  Loyal  was  erected ; 
the  troops  remained  upon  the  Neck  about  three  weeks, 
during  which  time  a  company  of  residents  going  to  Peak's 
Island  to  kill  and  dress  some  sheep  was  surprised  by  the 
Indians,  and  all  killed  except  one.  They  were  all  heads  of 
families  and  prominent  men,  and  their  deaths,  especially 
that  of  George  Felt,  were  deeply  lamented.  This  event 
occurred  on  the  23d  of  September.  The  next  day  a  large 
lurking  party  at  Wells  shot  James  Gooch  from  his  horse  as 
he  was  returning  from  worship,  on  Sunday ;  his  wife  being 
on  the  same  horse,  was  cut  to  pieces  by  their  hatchets. 
At  Cape  Neddick  they  brained  a  nursing  mother,  pinned 
her  infant  to  her  bosom,  in  which  condition  it  was  found 
alive  with  one  of  the  breasts  in  its  mouth.  Again  they 
entered  Wells,  and  killed  George  Farrow. 

The  troops  left  Falmouth  on  the  12th  of  October,  and 
spent  the  remainder  of  the  month  in  South  Berwick.  The 
Indians  watched  them  till  they  had  passed  Black  Point, 
and  on  the  second  day  after,  one  hundred  and  twenty  of 
them  made  a  furious  assault  upon  the  garrison  there,  under 
the  arch-leader,  Mugg.  Henry  Jocelyn,  who  was  in  com- 
mand of  the  garrison,  was  induced  to  come  out  and  hold  a 
parley  with  the  Indians,  under  the  pretense  from  Mugg  that 
if  he  would  surrender  he  and  all  the  inmates  should  be  al- 
lowed to  depart  with  their  efi'ects  unmolested.  While  Jo- 
celyn was  holding  his  parley,  the  inmates,  all  except  his 
household  servants,  had  taken  to  their  boats  and  departed, 
and  he,  being  left  alone,  was  obliged  to  surrender.  Blue 
Point  had  been  sacked  the  year  before,  and  this  success  of 
the  Indians  completed  the  ruin  of  Scarborough.  Mugg 
took  great  pride  in  his  achievement. 

But  the  most  daring  exploit  of  the  savages  during  this 
autumn  was  the  seizure  of  a  vessel  and  crew  at  Rich- 
mond's Island.  This  vessel  was  under  the  command  of 
Capt.  Fryer,  of  Portsmouth,  and  had  gone  to  Richmond's 
Island,  at  the  solicitation  of  Walter  Gendall,  to  remove 
the  remaining  stores  there  for  fear  the  Indians  would  de- 
stroy them.  While  they  were  loading,  the  savages  came 
upon  them ;  the  sailors  on  shore  were  seized,  those  on 
board  driven  below  deck  ;  by  leaping  into  canoes,  the  bolder 
savages  cut  the  cables  ;  the  wind  blowing  strongly  from 
the  southeast,  drove  the  vessel  ashore.  "  Surrender"  cried 
the  Indians,  "  or  flames  will  soon  make  you  prisoners  of 
death .'" 

In  this  wretched  predicament,  as  Capt.  Fryer  lay  wounded 
and  bleeding,  the  men  had  no  choice  but  to  surrender  them- 
selves to  the  tender  mercies  of  infuriated  savages.  Eleven 
of  them  were  made  prisoners.  In  the  cartel,  it  was  specified 
that  they  were  to  ransom  themselves  by  delivering  a  quantity 


GOVERNMENT  UNDER  DANFOKTH. 


of  goods  in  a  certain  limited  time  ;  to  procure  which  two 
were  released,  who,  departing,  returned  with  the  goods 
before  the  time  expired.  But  as  the  exactors  were  absent 
on  some  new  expedition,  their  fellows  took  the  ransom, 
killed  one  of  the  bearers,  and  retained  the  rest  of  the  crew 
in  custody. 

On  their  way  to  Piscataqua,  on  the  ISth  of  October, 
Mugg  landed  with  a  force  at  Wells,  and  sent  his  prisoner, 
Walter  Gendall,  to  demand  a  surrender  of  the  garrison. 
"Never,"  said  the  commander,  "  never  shall  the  gates  be 
opened  till  every  one  within  is  dead."  Repelled  by  this 
reply,  yet  bent  on  mischief,  Mugg  and  his  men  killed  two 
persons,  wounded  a  third,  cut  the  throats  of  thirteen  cattle, 
from  which  they  took  only  their  tongues,  and   disappeared. 

Soon  Blugg  arrived  at  Piscataqua,  bringing  in  Fryer 
dying  of  his  wounds,  and  declared  upon  his  faith,  which 
he  said  was  still  good,  that  the  prisoners  taken  at  Rich- 
monds'  Island  would  shortly  be  restored  without  ransom. 
He  proposed  in  behalf  of  Madockawando  and  others  to 
negotiate  a  peace.  Unreasonable  as  this  may  seem,  the 
treaty  proposed  was  actually  made  in  Boston  between 
Mugg  and  the  Governor  and  Council  on  the  6th  of  No- 
vember, 1676.  Gendall  and  a  few  other  prisoners  were 
surrendered.  The  treaty  was  ratified  by  the  sagamore  of 
Penobscot. 

Little  faith  was  put  in  the  sincerity  of  this  treaty,  and 
in  the  winter  of  1677  apprehensions  were  generally  enter- 
tained of  a  renewal  of  hostilities  the  following  spring. 
The  General  Court  ordered  a  winter  expedition  eastward, 
which  was  sent,  February  7th,  under  Majs.  Waldron  and 
Frost,  and  landed  at  Mare  Point  in  Maquoit  Bay  on  the 
18th.  The  force  consisted  of  one  hundred  and  fifty  men 
and  sixty  Natic  Indians.  On  landing  at  Mare  Point  they 
were  hailed  by  a  large  party  of  Indians,  among  whom  ap- 
peared Squando  and  "Simon,  the  Yankee-killer."  The 
Indians  said  they  desired  peace  and  had  authorized  Mugg 
to  make  the  treaty.  Upon  being  asked  why  they  did  not 
release  the  prisoners,  Squando  replied,  "  I  will  bring  them 
in  the  afternoon."  Nothing  more  was  seen  of  the  Indians 
till  noon  the  next  day,  when  a  flotilla  of  fourteen  canoes 
was  seen  pulling  up  the  bay  and  nearing  the  shore. 
Presently  a  house  was  seen  in  flames.  The  Indians,  how- 
ever, were  severely  punished  by  the  soldiers,  several  of  them 
being  killed  and  wounded. 

Waldron  arrived  with  his  force  at  Pemaquid  on  the  26th 
of  February.  Here  a  treaty  was  proposed  in  which  it  was 
agreed  that  arms  should  be  laid  aside  on  both  sides  during 
the  conference.  In  the  afternoon  Waldron  discovered  the 
point  of  a  lance  under  a  board,  and  in  searching  further 
found  other  weapons  concealed.  Taking  one,  he  brandished 
it  towards  the  council,  exclaiming,  ^^ Perfidious  wretches  !  yov 
intended  to  get  our  goods,  and  then  kill  us,  did  you  ?  They 
were  thunderstruck  ;  yet  one  more  daring  than  the  rest 
seized  the  weapon  and  strove  to  wrest  it  from  Waldron's 
hand.  A  tumult  ensued  in  which  his  life  was  much  endan- 
gered. Maj.  Frost,  laying  hold  of  Megannaway,  one  of  the 
barbarous  murderers  of  Thomas  Brackett  and  his  neighbors, 
hurried  him  to  the  hold  of  his  vessel.  Meanwhile  an  ath- 
letic squaw  caught  up  a  bundle  of  guns  and  ran  for  the 
woods.     At  that  instant  a  reinforcement  arrived  from  the 


vessels,  when  the  Indians  fled  in  all  directions,  pursued  by 
the  .soldiers.  In  their  ha.ste  to  get  away  one  canoe  was  cap- 
sized, from  which  five  Indians  were  drowned  ;  an  old  saga- 
more and  five  Indians  were  killed  and  four  others  were  taken 
prisoners.  The  expedition,  after  leaving  a  garrison  of  forty 
men  at  Arrowsic,  under  Capt.  Silvanus  Davis,  returned  to 
Boston  on  the  11th  of  March  without  the  loss  of  a  man. 

But  the  town  which  the  savages  seem  to  have  marked 
out  this  year  for  utter  destruction  was  Wells.  From  their 
first  entering  it,  April  6th,  when  they  killed  three,  to  the  end 
of  the  month,  they  made  attacks  upon  the  people  and  their 
garrison  several  times.  On  the  13th,  John  Weld  and  Ben- 
jamin Storer  were  killed.  The  fort  was  commanded  by 
Lieut.  Swett,  a  brave  and  vigilant  oflicer.  Seeing  a  stroll- 
ing Indian,  who  was  in  fact  a  decoy,  Swett  sent  eleven  of 
his  men  towards  the  place  to  reconnoitre.  By  venturing 
too  far  they  fell  into  an  ambush,  when  two  were  shot  dead 
and  one  mortally  wounded. 

The  garrison  having  been  re-established  at  Black  Point 
under  Lieut.  Tappen,  a  man  of  great  courage,  the  Indians 
attacked  it,  May  16th,  with  uncommon  boldness  and  perti- 
nacity. The  siege  was  continued  three  days  in  succession, 
— the  assailants  determining  to  force  a  surrender  or  perish 
in  the  attempt.  Of  three  Englishmen  taken  and  slain, 
one  was  barbarously  tortured  to  death.  One  of  the  enemy 
brought  to  the  ground  by  a  particular  aim  was  then  sup- 
posed to  be  old  Simon,  but  was  afterwards  found  to  be  the 
celebrated  Mugg.  The  loss  of  their  leader  so  dampened 
the  courage  of  his  companions  that  they,  in  despair  of 
victory,  departed. 


CHAPTER    XI. 

GOVERNMENT    UNDEE    DANFORTH. 

Purchase  of  Maine  by  Massachusetts — County  Court — Trial  of  James 
Adams — Form  of  Government  adopted  for  Maine — Thomas  Dan- 
forth  appointed  Deputy  President — Civil  Officers — Confirmation  of 
Land-Titles — Vacation  of  the  Charter  of  Massachusetts. 

In  1676  the  lords  chief  justices  of  the  King's  Bench 
and  Common  Pleas,  and  the  lords  of  trade  and  plantations, 
decided  adversely  to  Massachusetts'  claim  of  jurisdiction 
over  Maine.  To  avoid  further  controversy  and  trouble, 
Massachusetts  now  decided  to  purchase  of  Gorges  all  his 
right  and  interest  in  the  province,  and  to  this  end  instructed 
Mr.  John  Usher,  of  Boston,  then  in  England,  to  negotiate 
the  purchase,  which  he  did,  closing  the  contract  for  twelve 
hundred  and  fifty  pounds  sterling,  on  the  6th  of  May,  1677. 

This  transaction,  while  it  settled  a  troublesome  contro- 
versy, also  originated  a  very  important  question,  viz. :  How 
should  Maine  be  governed  ?  The  question,  however,  was 
not  immediately  made  prominent,  but  for  two  or  three  years 
the  General  Court  pursued  its  usual  policy  of  administra- 
tion. 

In  the  spring  of  1678  three  assistants  were  admitted  for 
Yorkshire,  and  Thomas  Danforth  was  designated  to  preside 
in  the  County  Court.  The  persons  clothed  with  judicial 
authority  for  the  year  1679  were  Joseph  Dudley  and  Rich- 
ard   Waldron,    Commissioners,    and    Edward    Rish worth, 


HISTORY   OF   YORK   COUNTY,  MAINE. 


John  Wincoln,  Joshua  Scottow,  and  Samuel  Wheelwri^jht, 
Associates. 

The  last  ses.sion  of  these  judges  in  the  County  Court 
under  the  colony  administration,  held  at  York  in  July,  was 
made  memorable  by  the  trial  of  James  Adams,  of  York,  for 
one  of  the  most  singular  and  inhuman  crimes  of  which 
criminal  courts  furnish  any  record.  Adams  had  become 
affronted  with  Henry  Simpson,  one  of  his  neighbors,  and 
determined  to  avenge  himself  upon  two  of  Simpson's  unof- 
fending sons,  whose  ages  were  respectively  six  and  nine 
years.  His  contrivance  and  crime  were  the  more  satanical 
as  they  were  deliberate.  In  a  solitary  place,  four  or  five 
miles  from  any  of  the  dwellings  of  the  inhabitants,  he  built 
of  logs,  beside  a  ledge  of  perpendicular  rocks,  a  pen,  or 
pound,  several  feet  in  height,  incHned  inward  from  the  bot- 
tom to  the  top.  After  this  he  decoyed  the  boys  into  the 
woods  under  a  pretense  of  looking  for  birds'-nests,  and  had 
the  art  to  draw  them  within  the  pound,*  where  he  left 
them  to  perish  with  famine  and  suffering.  The  children 
were  soon  missed,  and  the  alarmed  inhabitants  searched  the 
woods  for  them  thoroughly  more  than  forty-eight  hours 
without  success.  The  boys,  presently  aware  of  their 
wretched  situation,  made  various  trials  to  get  out,  and  at 
length,  by  digging  away  with  their  hands  the  surface  of 
the  earth  underneath  one  of  the  bottom  logs,  effected  their 
escape.  They  wandered  in  the  woods  three  days,  being  at 
last  attracted  to  the  sea-shore  by  the  noise  of  the  surf, 
where  they  were  found. 

The  depraved  criminal  was  soon  arrested,  and  after  con- 
viction received  this  sentence : 

"  The  Court,  having  considered  your  inhuman  and  barbarous  oflfense 
against  the  life  of  the  children,  and  the  great  disturbance  to  the 
country,  do  sentence  you  to  have  thirty  stripes,  well  laid  on ;  to  pay 
the  father  of  the  children  £5  money,  the  treasury  of  the  county  £10, 
out  of  which  the  expenses  of  postage  and  searching  the  town  are  to 
be  discharged  ;  also  to  pay  the  charges  and  fees  of  the  prison,  and 
remain  a  close  prisoner  during  the  Court's  pleasure,  till  further 
order." 

The  same  month  sureties  entered  in  recognizance  of  one 
hundred  pounds  before  two  of  the  associates,  "  conditioned 
to  send  him,  within  twenty-one  days,  out  of  the  jurisdic- 
tion."f 

At  the  October  session  of  the  General  Court,  the  affairs 
of  Maine  were  made  the  special  subject  of  legislative  dis- 
cussion. In  February,  1680,  it  was  determined  to  assume 
the  royal  charter  granted  to  Sir  Ferdinando  Gorges,  and,  in 
conformity  with  its  provisions,  to  frame  a  civil  administra- 
tion for  the  government  of  the  province.  This  duty  was 
assigned  by  legislative  enactment  to  the  Governor  and 
Board  of  Colony  Assistants,  who  decided  that  Maine  should 
have  a  Provincial  President,  chosen  by  the  Governor  and 
said  Board  of  Assistants  from  year  to  year  ;  and  a  L'gisla- 
twre  of  two  branches  or  houses, — the  upper  one  to  consist 
of  a  Standing  Council  of  eight  members,  and  the  other  a 
popular  body,  consisting  of  Deputies  chosen  by  the  towns, 
as  in  Massachusetts. 

The  Council  was  made  appointive  by  the  Board  of  As- 
.sistants  and  to   continue   in  office  at  their  pleasure ;  they 

•9  The  place  was  afterwards  called  "  the  Dcml'e  LivniHon." 
t  Hon.  David  Sewall,  1794;  ;)  Coll.  Mass.  Hist.  Soc.,  p.  SI :    1  Coll. 
Maine  Hist.  Soc,  p.  2S5. 


were  also  to  be  the  judges  of  a  Supreme  Court  and  magis- 
trates through  the  province.  The  legislative  body  was  to 
meet  once  at  least  in  each  year. 

The  Board  of  Assistants  then  proceeded  to  elect  a  presi- 
dent, and  the  choice  fell  upon  Thomas  Danforth,  at  that 
time  deputy  Governor  of  Massachusetts.  He  was  a  gen- 
tleman of  fine  talents  and  good  education,  and  possessed  at 
this  period  great  weight  of  character.  He  was  born  in 
England  in  1622,  came  over  early  in  life,  and  before  being- 
first  deputy  Governor,  in  1679,  had  been  an  assistant  for 
twenty  years,  president  of  the  Board  of  Commissioners  for 
the  United  Colonies,  and  had  sometimes  presided  in  the 
County  Court  of  Yorkshire.  His  wisdom,  firmness,  and 
prudence  qualified  him  to  conduct  difficult  public  affairs 
with  success,  and  his  high-minded  republican  principles 
rendered  him  preeminent  in  popular  estimation. 

To  assist  President  Danforth  in  organizing  and  arranging 
the  civil  affairs  of  the  province,  and  holding  a  term  of  the 
judicial  courts  the  present  season,  the  Board  of  Assistants, 
after  the  general  election  in  May,  appointed  Samuel  Nowell 
a  special  commissioner.  He  was  an  assistant  this  year 
(1680)  and  the  next,  and  was  appointed  against  his  will  to 
the  office  of  joint  agent  with  Mr.  Stoughton  to  England. 
He  had  been  a  minister  of  the  gospel,  and  was  a  man  of 
reflection  and  good  sen.se,  and,  moreover,  in  politics  strongly 
attached  to  the  high  republican  party  of  his  time. 

The  freeholders  of  the  province,  being  summoned,  met 
at  York,  March  17, 1680,  and  a  commission,  under  the  seal 
of  the  Governor  and  Council  of  Massachusetts,  was  exhibited 
and  read,  declaring  themselves  "  the  lawful  assigns  of  Sir  Fer- 
dinando Gorges,"  and  giving  notice  that  they  had  "  erected 
and  con.stituted  a  Court  and  Council,  and  deputed  Thomas 
D&nforth,  Esq.,  for  the  first  president,  to  the  end  that  the 
above-named  province  might  be  protected  in  the  enjoyment 
of  her  rights  and  privileges,  according  to  the  rules  of  his 
majesty's  royal  charter  granted  unto  the  above-named  Sir 
F.  Gorges,  Kt."  Warrants  for  the  choice  of  deputies  to 
the  General  Assembly,  to  be  holden  at  York  in  the  follow- 
ing spring,  were  issued.  Maj.  Bryan  Pendleton  was  ap- 
pointed deputy  president,  and  authorized,  with  the  assist- 
ance of  other  members  of  the  Council,  or  magistrates,  to  hold 
intermediate  terms  of  the  court. 

Mr.  Pendleton  was  among  the  earliest  colonists  of  Massa- 
chusetts, and  settled  in  Watertown,  which  he  represented  six 
years  in  the  General  Court,  and  in  1646  he  commanded  the 
military  corps  since  denominated  the '•  Ancient  and  Hon- 
orable Artillery  Company"  in  Boston.  He  resided  in  Ports- 
mouth several  years,  from  which  he  removed  to  Saco  in 
1665.  He  signed  a  petition  to  the  king,  in  1680,  praying 
for  aid  in  "  rebuilding  the  towns  wasted  and  desolate  by 
reason  of  the  late  Indian  war."  He  died  soon  afterwards, 
and  was  succeeded  in  the  office  of  deputy  president  by  John 
Davis,  of  York. 

Deputies  were  chosen  by  towns,  and  annual  sessions  of 
the  General  Assembly  were  held  at  York  for  five  or  six 
years. 

The  first  General  Assembly  under  the  new  form  of  gov- 
ernment convened  at  Y'^ork,  in  June,  1G81.  Bryan  Pendle- 
ton, of  Saco,  as  before  stated,  was  deputy  president.  The 
Council,  in  addition  to  him,  consisted  of  Charles   Frost, 


GOVERNMENT  UNDER  DANFORTH. 


Francis  Hooke,  John  Davis,  Joshua  Scottow,  Samuel 
Wheelwright,  and  John  Wincoln.  Edward  Rishworth  was 
secretary  or  recorder  of  the  province.  Messrs.  Frost  and 
Hooke  were  both  of  Kittery ;  the  former  had  represented 
his  town  several  years  in  the  General  Court,  and  was  now 
appointed  commandant  of  the  regiment ;  the  latter,  sup- 
posed to  have  been  the  son  of  William  Hooke,  oue  of 
Gorges'  first  council,  was  provincial  treasurer.  Mr.  Davis 
lived  at  York,  had  been  commanding  officer  of  the  militia 
company,  and  in  the  lafe  war  had  distinguished  himself  as 
a  brave  and  discreet  officer.  Mr.  Scottow,  originally  from 
Boston,  had  come  to  Scarborough  with  the  troops  from  that 
city  at  the  beginning  of  the  war,  and  became  a  prominent 
and  wealthy  citizen.  His  name  is  identified  with  the  au- 
thorship of  "  The  Old  Man's  Tears."*  Mr.  Wincoln  lived 
in  Newichawannock,  then  a  part  of  Kittery,  where  he  was 
captain  of  the  town  military  company  ;  he  was  a  brave 
officer,  and  had  been  several  years  a  representative  to  the 
General  Court.  Mr.  Wheelwright  was  the  son  of  the 
reverend  founder  of  Wells,  aud  afterwards  a  councilor  in 
the  General  Court  of  Massachusetts.  These  councilors  or 
magistrates  were  also  called  justices,  as  they  held  the  ju- 
dicial courts  of  the  province. 

The  number  and  names  of  those  in  the  lower  house  this 
year  are  not  given,  but  four  years  afterwards  the  number 
of  deputies  was  twelve. 

By  a  writ  of  quo  warranto  sued  out  of  the  Chancery 
Court  at  Whitehall,  July  20,  1683,  the  charter  of  Massa- 
chusetts was  declared  vacated  on  the  18th  of  June,  follow- 
ing. The  king  appointed  Col.  Kirke  Governor  of  Massa- 
chusetts, Plymouth,  New  Hampshire,  and  Maine, — an 
appointment  universally  displeasing  to  the  colonists,  but 
one  which,  fortunately  or  providentially,  was  never  actually 
inflicted  upon  them  ;  for  the  king  dying  Feb.  16,  1685,  his 
brother  and  successor,  James  II.,  formerly  Duke  of  York 
and  Albany,  did  not  incline  to  confirm  or  renew  the  appoint- 
ment. 

At  the  meeting  of  the  Provincial  General  A.ssembly  at 
York,  in  April,  the  new  monarch  was  publicly  proclaimed. 

The  administration  of  President  Danforth  continued 
popular  and  efl"ective ;  the  legislative  body  met  annually, 
and  the  general  government,  as  well  as  justice,  was  satis- 
factorily administered  for  six  years.  One  of  his  measures 
of  public  policy,  in  view  of  the  danger  apprehended  by  the 
Indians,  was  to  maintain  a  garrison  at  Fort  Loyal,  in  Fal- 
mouth, which  appears  to  have  been  an  object  also  of  gen- 
eral concern.  For  this  purpose  a  tax  was  laid  upon  all  the 
saw-mills  of  the  province,  which  amounted  to  the  sum  of 
ninety-three  pounds  yearly.  Most  of  the  mills  were  at  that 
time  within  the  territory  now  embraced  in  York  County. 
At  a  session  of  the  General  Assembly  at  York,  May  24, 
1682,  Anthony  Brackett  was  employed  for  one  year  to  take 
command  and  charge  of  the  garrison,  to  furnish  provisions, 
ammunition,  and  every  necessary  article,  and  to  man  it  with 
six  men  in  summer  and  four  in  winter,  for  one  hundred 
and  sixty  pounds.  Edward  Tyng,  a  worthy  and  active 
citizen,  who  had  been  an  assistant  in  the  General  Court  of 
Massachusetts,  was   commander  of  the  fort  the  year  pre- 

«  Muss.  Hist.  Coll.,  p.  300. 


ceding.  He  was  afterwards  one  of  the  councilors  under 
Danforth. 

The  deputies  or  representatives  in  the  General  Assembly 
in  1682  were  Nicholas  Shapleigh,  of  Kittery,  Abraham 
Preble  and  John  Puddington,  of  York,  John  Harmon  and 
Benjamin  Blackman,  of  Saco,  and  Anthony  Brackett,  of 
Falmouth.  In  1685,  George  Turfrey  was  representative 
from  Saco,  and  George  Ingersoll  from  Falmouth. 

At  the  August  session  in  1682,  William  Screvens,  a 
zealous  and  devoted  Baptist  minister,  was  fined  ten  pounds, 
and  commanded  "  never  more  to  have  any  public  religious 
exercises  whatever,  at  his  own  house  or  elsewhere,  especi- 
ally on  the  Sabbath."  His  refusal  to  submit  to  the  injunc- 
tion was  deemed  a  contempt  of  his  Majesty's  authority  ; 
hence  the  court  awarded, — 

"  Thnt  he  in  future  forbear  from  his  turbulent  (mil  cuiitciitious prac- 
tires,  ijhe  bonds  fur  Iris  good  behamom;  and  atnnd  committed  till  the 
judgment  of  the  Court  be  complied  with. 

"  Edward  Rishworth,  llecorder. 

"August  17,  16S2." 

This  is  said  to  have  been  the  only  case  of  religious  per- 
secution that  ever  occurred  in  the  province, — i.e.,  by  the 
provincial  authorities.  Sarah  Mills,  in  Scarborough,  had 
previously  received  twenty  stripes  "  for  Quakerism,"  by  the 
authority  of  Massachusetts. f  In  the  case  of  Mr.  Screvens, 
it  was  the  first  appearance  of  a  Baptist  in  Maine.  He 
lived  in  Kittery,  wheie  several  persons  had  embraced  the 
tenets  of  this  faith  and  been  baptized  by  immersion.  He 
was  born  in  England  in  1629,  and  came  to  Kittery  early 
in  life.  Having  great  zeal  and  devotional  gifts,  he  was 
commended  to  the  fellowship  of  his  Baptist  brethren  in 
Boston  as  "  one  whom  God  had  qualified  and  furnished 
with  the  gifts  and  graces  of  his  Holy  Spirit  to  open  and 
apply  the  good  word,  which,  through  the  blessing  of  the 
Lord  Jesus  Christ,  might  be  by  him  made  effectual  and 
useful."  A  small  church  was  constituted  Sept.  25,  1682; 
but  the  next  year  they  removed  with  Mr.  Screvens  to  Cooper 
River,  in  South  Carolina.^ 

Another  important  work  of  the  government  was  that  of 
confirming  the  land-titles,  for  which  purpose  President 
Danforth,  in  1684,  conveyed  to  several  boards  of  trust  the 
townships  of  Scarborough,  Falmouth,  and  North  Yarmouth, 
reserving  to  the  chief  proprietors  a  small  quit^rent.  The 
trustees  then  proceeded  to  make  surveys  and  assignments  to 
settlers  and  proprietors,  according  to  their  just  claims  and 
rights,  whereby  settlements  were  encouraged  and  advanced. 

It  was  necessary  in_  those  days  to  proceed  with  great  cau- 
tion in  forming  new  plantations,  on  account  of  the  known 
danger  from  the  Indians.  In  the  spring  of  1685  they  dis- 
closed unusual  restlessness  and  symptoms  of  malignity. 
Francis  Hook  this  year  sent  a  letter  to  Capt.  Barefoot,  at 
Portsmouth,  saying  there  were  just  grounds  for  apprehend- 
ing an  outbreak,  "  for  the  Indians  have  been  guilty  of 
affronts  in  the  vicinity  of  Saco,  threatening  the  people,  and 
killing  their  dogs,  and  within  the  last  three  days  they  have 
gathered  all  their  corn,  and  moved  off  pack  and  baggage. 
A  word  to  the  wise  is  sufficient.  Myself  and  the  rest  in 
commission  with  us  are  settling  ourselves  in  a  posture  for 

t  3  iMaine  Hist.  Coll.,  p.  154:  Soutbgate,  Hist.  Scarborough. 
X  Greenleaf  s  Ecc.  Hist.,  p.  240. 


48 


HISTORY  OF   YORK   COUNTY,  MAINE. 


defense,  and  to-morrow  our  council  meet  to  consider  what 
is  needful  to  be  done."  By  the  timely  and  energetic 
measures  which  resulted  in  a  treaty,  the  anticipated  mischief 
was  averted.  On  the  8th  of  September,  1685,  the  treaty 
was  concluded,  and  signed  by  Lieutenant-Governor  Walter 
Barefoot  and  three  of  his  Council,  on  the  part  of  New 
Hampshire,  and  Francis  Hook  and  John  Davis,  two  of  the 
Councilors  of  Maine.  It  was  signed  on  the  part  of  the  In- 
dians, at  different  times,  by  twelve  sagamores  and  chiefs, 
from  Penaoook,  Saco,  Androscoggin,  and  Kennebec. 

Massachusetts  had  partly  kept  up  her  colony  government 
since  the  vacation  of  her  charter.  May  12,  1686,  only 
thirty-six  deputies  took  their  seats  in  the  General  Court, 
and  the  arrival  of  a  commission  from  the  king,  appointing 
Joseph  Dudley  governor,  put  an  end  to  that  body  on  the 
third  day  of  the  session.  Mr.  Danforth  was  now  removed 
from  the  presidency  of  Maine,  and  a  court  substituted, 
which  was  composed  of  Hon.  William  Stoughton,  Judge  ; 
John  Usher  and  Edward  Tyng,  E.sqs.,  Assistants  ;  and  a 
justice  was  appointed  in  each  town.  The  court  sat  at  York 
in  October. 

Governor  Dudley's  administration  lasted  only  four 
months  and  twenty-six  days,  when  he  was  superseded  by 
Sir  Edmund  Andros,  who  arrived  in  Boston  on  the  20th  of 
December.  Sir  Edmund,  between  1674  and  1682,  had 
been  ducal  governor  of  New  York  and  Sagadahock,  and  had 
displayed  an  imperious  and  arbitrary  temper.  For  his  ad- 
herence to  the  prerogatives  of  the  crown,  his  grateful 
master,  James  II.,  had  now  made  him  governor-general 
over  all  his  colonies  and  dominions  in  New  England. 


CHAPTER    XII. 

FHEKTCH  AND  INDIAN  WAE-1688-92. 

Policy  of  Governor  Andros  —  Indignity  Offered  to  Baron  Castine — 
War  Dti^ared  between  France  and  England — Savages  let  Loose 
upon  the  Frontiers  —  Conquest  of  Acadia  —  Expedition  against 
Quebec— Capture  of  Fort  Loyal— Assault  ui>on  the  Garrison  at 
Wells— Destruction  of  York. 

Governor  Andeos  entered  upon  his  administration 
with  more  vigor  than  prudence.  Determined  upon  the  en- 
largement of  his  dominion  as  well  as  upon  the  unlimited 
exercise  of  power,  he  resolved  to  seize  upon  the  country 
lying  between  the  Penokscot  and  the  St.  Croix,  which, 
though  included  in  the  ducal  patent,  was  nevertheless 
claimed,  and  to  some  extent  occupied,  by  the  French.  The 
Baron  de  St.  Castine  had  his  establishment  upon  the  pen- 
insula of  Bagaduce,  where  he  had  lived  for  some  time  on 
the  most  intimate  terms  with  the  Penobscot  Indians,  into 
the  fiimily  of  whose  chief  he  had  married,  and  whose  mode 
of  life  he  had  in  a  great  measure  adopted. 

Andros  proceeded  to  Pemaquid,  where  he  fitted  out  an 
expedition  under  Capt.  George,  of  the  frigate  "  Rose,"  and, 
joining  with  his  sloop  and  bai-ge,  they  made  sail  for  Baga- 
duce. Arrived  in  the  harbor,  near  the  fort  and  habitation 
of  the  baron,  the  Governor  sent  a  lieutenant  with  a  notice 
of  his  arrival  and  readiness  foi-  an  interview,  if  tlie  baron 


But  the  baron,  too  wary  to  be  made  a  prisoner 
by  surprise,  had  already  taken  his  family  and  retired  to  the 
woods,  leaving  all  to  the  will  of  the  expected  visitors. 
They  found  household  furniture,  firearms,  ammunition,  and 
coarse  cloth,  all  of  which  they  put  on  board  the  frigate,  in 
nowise  injuring  his  Catholic  altar,  chapel  service,  pictures, 
ornaments,  or  buildings.  Having  done  this,  they  embarked 
and  returned  to  Pemaquid. 

The  treatment  which  Castine  thus  received  gave  him 
great  umbrage.  He  considered  the  plunder  of  his  house 
a  wanton  outrage,  being  fully  able,  as  he  believed,  to  justify 
all  his  conduct  towards  the  English  ;  and  he  fully  deter- 
mined never  to  submit  to  their  domination.  Nor  had  he 
any  great  regard  for  the  government  of  France,  with  which 
he  became  offended  on  account  of  being  deprived,  as  he 
thought  without  just  reason,  of  an  honorable  military  com- 
mand which  he  once  held.  He  preferred  to  be  the  ruler 
of  the  Indians,  with  whom  his  friendship  and  address  had 
rendered  his  influence  supreme. 

Castine  had  a  terrible  power  to  turn  against  his  adver- 
saries,— no  less  than  the  savage  foe  who  had  a  few  years 
before  spread  desolation  and  death  along  the  whole  frontier, 
— nor  was  he  slow  to  invoke  the  renewed  vengeance  of 
these  murderous  hordes. 

In  August  the  Indians  commenced  hostilities.  Imme- 
diately every  fort  between  the  Piscataqua  and  the  Penobscot 
was  repaired  and  put  in  the  best  posture  for  defense,  and 
in  September  soldiers  were  enlisted  and  detached  for  an 
eastern  expedition.  But  when  Governor  Andros  returned 
to  Bostou  he  wholly  disapproved  of  the  measure  and  utterly 
refused  to  have  war  declared.  He  issued  a  proclamation, 
October  20th,  ordering  all  the  Indian  prisoners  to  be  dis- 
charged, commanding  the  Indians  to  set  at  liberty  every 
one  of  his  Majesty's  subjects,  and  strongly  recommending 
the  tribes,  if  they  desired  peace  and  safety,  to  dwell  near 
the  English  settlements.  The  savages  paid  no  regard  to 
his  mandates  or  encouragements.  The  prisoners  held  by 
the  English,  being  released,  returned  to  their  tribes,  while 
the  English  prisoners  among  the  savages  were  retained  to 
be  tortured  or  put  to  death  in  their  barbarous  frolics. 

Perceiving  that  war  was  inevitable,  he  rushed  to  the  op- 
posite extreme,  determined  now  to  subdue  the  savages  or 
frighten  them  into  terms.  xVlthough  it  was  late  in  Novem- 
ber, he  collected  a  force  of  eight  hundred  men  and  led  them 
into  the  eastern  country.  No  Indians  were  to  be  seen,  for 
at  this  season  of  the  year  they  were  usually  upon  their 
hunting-grounds  in  the  interior.  The  expedition,  as  could 
easily  have  been  foretold,  proved  an  utter  failure.  Indeed, 
it  had  been  opposed  by  all  the  more  wise  and  considerate, 
who  saw  the  folly  of  such  au  undertaking  at  that  season. 
To  cover  liis  defeat,  however,  he  set  a  force  at  work  build- 
ing garrisons ;  eleven  of  these  structures  were  erected  and 
manned,  but  this  was  done  with  injudicious  haste  and  bad 
judgment  as  to  the  proper  places  and  distribution  of  the 
men.  At  Pemaquid  he  placed  Col.  Edward  Tyng  and 
Capt.  Minot,  with  one  hundred  and  eighty  militia  and 
thirty-six  regulars ;  at  New  Dartmouth  he  placed  twenty- 
four  of  the  regular  soldiers  under  Lieut.  Jordan,  and  Capt. 
Withington's  company  of  sixty  militia ;  at  Pejepscot  he 
placed  forty  regulars  and  two  militia  companies  of  sixty 


FRENCH    AND   INDIAN   WAR. 


each  ;  at  Fort  Loyal,  Falmouth,  sixty  men  under  command 
of  Capt.  George  Lockhart ;  at  Saco,  Capt.  Lloyd  with  his 
company  of  sixty,  and  twenty-eight  drawn  from  the  com- 
mands of  Maj.  Henchman  and  Capt.  Bull ;  at  Kennebunk, 
Capt.  Puddington  was  to  draw  in  an  emergency  from  Saco ; 
the  garrison  at  Wells  was  to  be  relieved  in  the  same  man- 
ner. 

What  Governor  Andros  would  have  done  further  had  he 
remained  in  power  is  not  easy  to  conjecture.  But  an  ad- 
ministration of  sixteen  months  closed  his  career  in  New 
England.  The  people  had  too  much  independence,  too 
high  a  sense  of  liberty,  and  too  much  practical  wisdom  in 
the  management  of  affairs  which  they  understood  better 
than  any  inexperienced  foreigner  to  submit  tamely  to  his 
domineering  spirit,  his  arbitrary  measures,  or  his  repeated 
blunders,  which  were  rapidly  involving  the  affairs  of  the 
colonies  in  confusion  and  ruin.  Hence  they  put  an  end  to 
his  government  in  a  revolution  at  Boston  in  April,  1689, 
and  reinstated  the  Danforth  government  over  Maine. 

Meantime,  on  the  12th  of  December  preceding,  James 
II.,  succumbing  to  the  revolution  in  England,  had  abdi- 
cated the  throne  and  fled  to  France  ;  and  on  the  16th  of 
February,  William,  Prince  of  Orange,  and  Mary,  daughter 
of  James,  had  been  proclaimed  king  and  queen  of  England. 

This  affair  embroiled  England  and  France,  so  that  war 
was  declared  between  the  two  nations ;  and  extending  to 
Canada  and  Acadia,  enlisted  the  French  of  these  provinces 
and  their  Indian  allies  in  a  desultory  and  barbarous  war 
against  the  English  colonies,  in  which  the  province  of 
Maine  suffered  most  severely. 

On  the  15th  of  May,  1689,  the  Danforth  government 
was  fully  established,  the  former  councilors  of  the  province 
being  confirmed,  viz.,  Charles  Frost,  Francis  Hook,  Edward 
Tyng,  John  Davis,  Joshua  Scottow,  Samuel  Wheelwright, 
and  John  Wincoln. 

Madocjiawando,  chief  of  the  Peuohncols,  at  this  time 
visited  Boston  with  several  of  the  leading  men  of  his  tribe. 
He  represented  the  grievances  of  Castine,  and  how  highly 
he  was  affronted  at  the  plunder  of  his  house  by  the  Eng- 
lish. The  authorities  sent  the  baron  a  conciliatory  address, 
assuring  him  that  the  outrage  had  been  committed  by  a 
party  now  out  of  power,  and  for  whose  conduct  the  present 
government  was  not  responsible  ;  neither  did  it  approve  the 
act.  TJiey  sent  also  presents  and  conciliatory  messages  to 
the  Indians  ;  but  in  the  present  state  of  affairs  between 
England  and  France  it  was  impossible  successfully  to  secure 
their  peace  and  friendship.  The  French  on  this  side  of  the 
Atlantic  began  aggressions  with  eager  haste  and  pursued 
them  with  malignant  fury,  those  of  Canada  taking  the  lead 
in  instigating  the  Indians  to  join  them  and  fall  with  exter- 
minating ferocity  upon  the  outer  settlements  of  New  Eng- 
land, particularly  those  of  New  Hampshire  and  Maine. 

As  soon  as  war  was  declared  in  Boston,  December  7th,* 
the  General  Court  resolved  upon  measures  for  regaining 
Nova  Scotia  and  reducing  Quebec  The  first  of  these  ob- 
jects was  successfully  accomplished  by  an  expedition  under 
Sir  William  Phips,  who  completed  the  conquest  of  Acadia 
without  resistance.     Phips  also  sailed  to  Quebec  with  an 


It  ha,.l  be 


Li-ed  in  Eugliiiid  May 


army,  landing  thirteen  hundred  effective  men  on  the  Isle 
of  Orleans ;  but  his  note  to  Frontenac  demanding  a  sur- 
render being  treated  with  haughty  disdain,  and  learning 
the  great  strength  of  the  fortifications,  he  con.sidered  it 
discreet  to  re-embark,  and  hasten  away  as  precipitately  as 
possible.  His  fleet,  overtaken  by  a  violent  tempest  in  the 
St.  Lawrence,  was  dispersed  ;  two  or  three  of  the  vessels 
were  sunk,  one  was  wrecked,  others  were  blown  off  to  the 
West  Indies,  and  the  remainder  were  more  than  a  month 
on  their  way  home. 

Thus  the  expedition  ended  in  disaster  and  defeat.  Maj.- 
Gen.  Winthrop,  who  had  marched  with  an  army  to  the 
head  of  Lake  Champlain,  intending  a  descent  on  Montreal, 
and  a  junction  with  Sir  William  at  Quebec,  was  also  dis- 
couraged, and  returned  without  crossing  the  lake. 

These  disasters  only  rendered  the  French  more  bold  and 
insolent.  The  Indians,  encouraged  by  the  sympathy  and 
assistance  rendered  them,  especially  by  the  Baron  de  St. 
Castine,  had  begun  their  work  of  plunder  and  destruction 
upon  the  frontier  settlements. 

Tiie  first  blood  in  this  war  was  shed  at  Dartmouth,  near 
Pemaquid,  early  in  September,  1688.  A  few  days  after, 
Capt.  Walter  Gendall  and  his  servant  were  killed  at  North 
Yarmouth.  Towards  winter  two  families  in  Kennebunk,  of 
the  names  of  Barrow  and  Bussy,  were  murdered.  In 
April,  1689,  the  savages  began  hostilities  at  Saco,  but  no 
lives  appear  to  have  been  lost.  Two  or  three  months  later 
four  young  men  of  Saco,  going  to  seek  their  horses  for  the 
purpose  of  joining  a  military  party  under  Capt.  Wincoln, 
were  surprised  and  killed.  A  company  of  twenty-four 
men  were  immediately  raised  to  search  for  the  bodies  of  the 
slain,  who,  falling  in  with  the  savages,  pursued  them  into  a 
vast  swamp,  probably  the  Heath,  but  were  obliged  to  retire 
with  the  loss  of  six  of  their  number. 

The  year  1690  was  signalized  by  the  destruction  of  the 
settlement  at  Salmon  Falls  (Berwick),  and  the  capture  of 
Fort  Loyal,  at  Falmouth,  by  two  parties  of  Freuch  and 
Indians.  The  garrisons  in  Cape  Elizabeth  and  Scarbor- 
ough were  so  discouraged  at  these  events  that  they  drew 
off  immediately  to  Saco,  and  from  Saco,  in  a  few  days,  to 
Wells.f 

There  were  at  this  time  in  Wells,  between  the  present 
highway  and  the  beach,  several  houses  constructed  of  hewn 
timber,  with  flankers,  and  on  each  a  watch-tower, — all  of 
which  were  fortified,  and  might  be  occupied  and  used  as 
garrisons.  One  of  the  largest  and  strongest  was  Mr.  Storer's, 
situated  near  the  old  meeting-house,  which  was  considered 
at  this  period  a  public  fortification. 

Seouting-parties  were  employed  during  the  summer  be- 
tween Portsmouth  and  Falmouth,  by  reason  of  which  the 
Indians  were  restrained  from  further  depredations  of  any 
magnitude.  In  September,  Col.  Church  was  sent  into  the 
province  with  a  considerable  force,  partially  of  friendly 
natives  of  the  Old  Colony.  They  landed  at  Pejepscot,  where 
the  fort  built  by  Governor  Andros  was  in  possession  of  the 
Indians,  who  hastily  fled  upon  their  approach,  leaving  be- 
hind them  several  women  and  children  ;  these  were  seized 
and  all  put  to  death,  except  the  wives  of  two  chiefs,  whose 


t  Mather's  Magnalia. 


HISTORY   OF   YORK   COUNTY,  MAIME. 


influence  was  wanted  to  obtain  a  restoration  of  prisoners. 
From  that  place  Col.  Church  sailed  to  Winter  Harbor.  The 
next  morning  they  discovered  some  smoke  arising  towards 
Scamman's  garrison.  Church  immediately  sent  in  that  di- 
rection a  scout  of  sixty  men,  "and  presently  followed  with 
his  whole  force.* 

"  This  garrison,''  says  Folsom,  "  was  about  tliree  miles  below  the 
Falls,  on  the  eastern  side  of  the  (Saco)  river;  when  the  detachment 
approached  it  they  discovered  the  Indians  on  the  opposite  side.  Three 
of  them,  however,  had  crossed  the  river,  and  seeing  our  men,  ran  with 
great  speed  to  their  canoes:  in  attempting  to  recross,  one  who  stood 
up  to  paddle  was  killed  by  a  shot  from  the  party,  and  falling  upon 
the  canoe  caused  it  to  break  to  pieces  (says  Church),  so  that  all  three 
perished.  The  firing  alarmed  the  other  savages,  who  abandoned  their 
canoes  and  ran  from  the  river.  '  Old  Doney,'  a  noted  Indian,  was  at 
the  Falls,  together  with  a  prisoner,  Thomas  Baker  (of  Scarborough), 
and  hearing  the  guns,  came  down  the  river  in  his  canoe ;  but  on  per- 
ceiving Church's  men,  ran  his  canoe  ashore,  and  leaping  over  the 
head  of  Baker,  escaped  to  the  other  Indians.  Col.  Church  afterwards 
went  to  Casco  Bay,  and  from  thence  back  as  far  as  Wells,  where  the 
chiefs  whose  wives  had  been  spared  ''  came  and  said  three  several  times 
that  they  would  never  light  against  the  English  any  more,  for  the 
French  made  fools  of  them.'"t 

The  chiefs  referred  to  in  the  above  extract  were  two  saga- 
mores who  had  been  taken  at  Pejepscot.  They  came  to  Wells 
in  October,  1689,  where  their  wives  were  retained,  and 
agreed  to  enter  into  a  treaty  at  any  place  the  English  might 
appoint.  It  seems  that  the  appointment  was  made  for  a 
conference  at  Sagadahock  ;  for,  on  the  29th  of  November, 
the  commissioners  of  Massachusetts  met  six  sagamores  at 
that  place  and  a  truce  was  signed  between  them  for  the 
suspension  of  hostilities  till  the  1st  of  May  following,  when 
they  agreed  to  repair  to  Storer's  garrison  in  Wells,  bring 
in  the  captives  and  there  conclude  a  lasting  peace.  Ten 
English  captives  were  released,  with  one  of  whom,  Mrs. 
Hall,  they  parted  very  reluctantly,  because  she  was  a  good 
writer  and  had  served  them  as  a  secretary.]; 

This  was  almost  the  only  good  fortune  which  had  thus 
far  been  attained  in  the  war.  Never  had  Maine  witne.ssed 
a  darker  season.  Only  four  towns  survived  the  ravages  of 
the  Indians,  viz..  Wells,  York,  Kittery,  and  Appledore,  or 
the  Isles  of  Shoals.  These  the  enemy  had  evidently  marked 
out  for  utter  and  speedy  destruction. 

Col.  Church,  having  collected  and  buried  the  mouldering 
bodies  of  the  people  slain  in  the  capture  of  Falmouth,  re- 
turned home  in  the  autumn,  leaving  one  hundred  of  his 
men  at  Wells  under  Capt.  Converse  and  Lieut.  Plaisted.  He 
kindly  collected  a  considerable  contribution  in  Plymouth 
Colony,  which  he  transmitted  to  the  eastern  sufferers,  ac- 
companied by  a  letter  to  Maj.  Frost,  John  Wheelwright, 
Esq.,  and  others,  encouraging  their  expectations  of  still 
further  relief. 

At  the  time  appointed.  May  1,  1691,  President  Dan- 
forth,  attended  by  several  members  of  the  Council  and 
guarded  by  a  troop  of  horse,  arrived  in  Wells  for  the  pur- 
pose of  meeting  the  Indians  and  forming  the  expected 
treaty.  Not  one  of  them  appeared, — being  evidently  de- 
terred through  French  influence.  A  few  who  were  in  the 
neighborhood  were  brought  in  by  order  of  Capt.  Converse, 
who  said   they  had   forgotten  the  time,  but  promised  to 


'Church's  Wars, 
f  Saco  and  Bidde 
J  1  Williamson,  p 


J.  117. 


bring  in  the  rest  in  ten  days,  and  in  proof  of  their  sincerity 
gave  up  two  captives.  To  try  their  faith  and  honor,  they 
were  dismissed,  but  nothing  more  was  seen  of  the  Indians. 
President  Danforth  and  his  associates  returned  to  York, 
promising  to  send  Capt.  Converse  a  reinforcement  of  thirty- 
five  soldiers  from  the  county  of  Essex,  which  arrived  on 
the  9th  of  June. 

In  half  an  hour  after  the  arrival  of  these  troops  the  gar- 
rison was  furiously  beset  by  Moxus  and  two  hundred  In- 
dians. Being  repulsed,  they  presently  withdrew,  and  pro- 
ceeded to  Cape  Neddick,  in  York.  Here  they  attacked  a 
vessel  and  killed  a  greater  part  of  the  crew,  set  the  little 
hamlet  on  fire,  and  then  scattered  in  difierent  directions. 
Madockawando  is  said  by  a  captive  to  have  remarked, 
"  Moxus  miss  it  this  time  ;  next  year  I'll  have  the  dog  Con- 
verse out  of  his  den." 

Four  companies  of  troops  were  dispatched  late  in  July 
into  the  eastern  service,  commanded  by  Capts.  March,  King, 
Sherburne,  and  Walton,  the  first  being  the  senior  officer. 
They  landed  at  Maquoit  and  proceeded  to  Pejepscot  Falls. 
Returning  to  their  vessels  they  had  a  sharp  engagement 
with  a  large  body  of  Indians,  in  which  Capt.  Sherburne 
was  killed.  Nothing  was  eifected  by  this  expedition,  except 
to  deter  the  Indians  from  their  contemplated  attack  upon 
the  Isles  of  Shoals. 

The  Indians,  with  their  usual  craftiness,  delayed  their 
attack  upon  York  till  the  dead  of  winter,  at  which  time 
they  well  knew  it  was  the  habit  of  the  place  to  be  less  on 
their  guard  than  common.  Early  in  the  morning  of  Mon- 
day, Feb.  25,  1692,  at  the  signal  of  a  gun  fired  by  the 
enemy,  the  town  was  furiously  assaulted  at  difierent  places 
by  two  or  three  hundred  Indians,  led  by  several  Canadian 
Frenchmen,  who  had  crossed  the  country  on  snow-shoes. 
Although  several  houses  were  strongly  fortified,  the  sur- 
prise of  the  town  was  complete,  and  the  attack  consequently 
more  fatal.  "  A  scene  of  fearful  carnage  and  capture  in- 
stantly ensued,  and  in  one  half-hour  more  than  a  hundred 
and  sixty  of  the  inhabitants  were  expiring  victims  or  trem- 
bling suppliants  at  the  feet  of  their  enraged  enemies.  The 
rest  liad  the  good  fortune  to  escape  with  their  lives  into 
Preble's,  Harmon's,  Alcock's,  and  Norton's  garrisoned 
houses,  the  best  fortifications  in  town.  Though  well  se- 
cured within  the  walls,  and  bravely  defending  themselves 
against  their  assailants,  they  were  several  times  summoned 
to  surrender.  "  Never,''  said  they;  "  never  till  we  have  shed 
the  last  drop  of  blood." 

About  seventy-five  of  the  inhabitants  were  killed  ;  the 
savages,  despairing  of  securing  the  other  victims  by  capitu- 
lation, set  fire  to  nearly  all  of  the  unfortified  houses  on  the 
northeast  side  of  the  river,  which,  with  a  large  amount  of 
property,  besides  the  plunder  taken,  were  laid  in  ashes. 
The  savages  then  hastened  away  with  their  booty  and  their 
prisoners,  "  near  an  hundred  of  that  unhappy  people,"  says 
Dr.  Mathei'.  "  Nay,  it  was  now  their  hard  destiny  to  enter 
upon  a  long  journey  amidst  a  thousand  hardships  and  suf- 
ferings, aggravated  by  severe  weather,  snow,  famine,  abuse, 
and  every  species  of  wretchedness." 

Rev.  Dr.  Dummer,  who  had  long  been  their  able  and  be- 
loved minister,  now  in  his  sixtieth  year,  was  found  by  some 
of  the  survivors  fallen  dead  upon  his  face  near  his  own  door, 


CONTINUATION  OF   INDIAN   HOSTILITIES. 


having  been  shot  as  he  was  about  startino;  on  horseback  to 
make  a  pastoral  visit.  His  house  was  on  the  sea-shoie,  not 
for  from  the  Roaring  Rock.  He  was  a  graduate  of  Har- 
vard College  in  1656,  and  married  not  long  after  the 
daughter  of  Edward  Rishworth,  Esq.  She  was  among  the 
captives,  and  heartbroken  and  exhausted  with  fatigue,  soon 
sank  in  death. 

A  party  instantly  rallied  at  Portsmouth  and  pursued  the 
enemy,  but  it  was  too  late  either  to  give  battle  to  the  In- 
dians or  to  rescue  the  prisoners.  So  fatal  was  the  blow  to 
York  that  but  for  the  timely  aid  and  encouragement  of 
Massachusetts,  the  remnant  of  the  inhabitants  would  have 
abandoned  the  place  during  the  war. 

Wells  was  next  singled  out  as  the  object  of  attack.  Ma- 
dockawando  had  not  forgotten  his  threat  to  •'  have  that  dog 
Converse  out  of  his  den."  Hence  a  formidable  force, 
consisting  of  five  hundred  French  and  Indians,  including 
the  chief  sagamores,  under  command  of  the  French  officer 
Portneuf,  invested  the  place  on  the  10th  of  June.  The  in- 
habitants were  dispersed  among  the  fortified  houses.  Con- 
verse and  fifteen  soldiers  were  in  Storer's  garrison.  On  the 
9th  two  sloops,  which  had  been  sent  to  supply  the  distressed 
and  suffering  inhabitants  with  provisions  and  ammunition, 
had  arrived  under  command  of  Samuel  Storer  and  James 
Gouge,  having  on  board  fourteen  men.  The  first  evidence 
of  the  presence  of  an  enemy  in  proximity  to  the  settlement 
was  given  by  the  cattle,  which  hurried  in  bleeding  from  the 
woods  and  put  the  inhabitants  upon  their  guard.  The  next 
morning,  before  daybreak,  John  Diamond,  a  passenger  who 
had  arrived  on  one  of  the  vessels,  on  his  way  to  the  garri- 
son, was  seized  by  Indian  spies  and  dragged  away  by  his 
hair.  He  was  taken  into  the  presence  of  the  French  offi- 
cers, who  were  attended  by  Madockawando,  Egermet, 
Moxus,  Warumbo,  and  several  other  sagamores.  They 
closely  examined  him  to  obtain  all  the  information  they 
could  about  the  place.  Either  by  mistake  or  design,  he 
said  there  were  in  the  garrison  with  Capt.  Converse  thirty 
brave  men  well  armed.  To  show  how  certainly  the  enemy 
anticipated  success,  it  is  stated  that  they  proceeded  to  "  ap- 
portion the  soldiers,  the  inhabitants,  Mr.  Wheelwright  by 
name,  the  women  and  children,  the  sailors,  and  the  plunder 
among  the  officers,  the  sagamores,  and  the  army.  Then 
one  habited  like  a  gentleman  made  a  speech  to  them  in 
English,  exhorting  them  to  be  active  and  fearless."  All 
being  in  readiness,  they  raised  a  hideous  shout,  and  assaulted 
the  garrison  with  great  fury.  The  assault  was  continued 
throughout  the  day  without  success.  A  party  also  con- 
structed a  breastwork  in  front  of  the  sloops,  from  behind 
which  they  fired  guns  and  blazing  arrows,  setting  fire  to  the 
vessels.  The  crews  extinguished  the  flames  by  wet  mops 
attached  to  the  ends  of  poles,  and  fired  with  such  precisiou 
and  rapidity  that  the  enemy  were  compelled  to  abandon 
their  works.  They  next  attempted  to  set  fire  to  the  sloops 
by  means  of  an  engine  rolled  on  wheels,  containing  flaming 
materials,  which  they  succeeded  in  bringing  within  a  few 
rods  of  the  vessels,  but  could  not  get  near  enough  to  be 
effective.  In  these  operations  several  Indians  and  French- 
men were  killed. 

The  French  and  Indians,  combining  their  forces,  on  the 
next  morning  moved  the  whole  body  towards  the  garrison. 


It  was  at  this  time  that  one  of  Converse's  soldiers  proposed 
a  surrender.  "  Utter  the  word  again,"  said  the  captain, 
"  and  you  are  a  dead  man."  Continuing  his  orders,  "  All 
lie  close,"  said  he,  "  and  fire  not  a  gun  till  it  will  do  execu- 
tion." As  the  besiegers  with  firm  steps  approached  they 
gave  three  hideous  shouts,  one  crying  out  in  English,  "  Fire 
and  fall  on,  brave  boys  !"  The  whole  body  then,  opening 
into  three  ranks,  discharged  their  guns  all  at  once.  A 
blaze  of  fire  was  returned  both  from  the  small  arms  and 
the  cannon,  some  two  or  three  of  which  were  twelve- 
pounders  ;  women  heroically  supplied  ammunition,  and  in 
several  instances  acted  as  gunners.  It  was  a  crisis  of  life 
and  death,  and  the  English  were  victorious.  The  repulse 
was  so  complete  that  the  attack  was  not  renewed. 

The  Indians  made  another  attack  on  the  ves.sels,  having 
constructed  a  fire-boat  eighteen  or  twenty  feet  square,  which 
they  towed  towards  the  vessels  and  in  the  current  of  the 
tide  left  it  to  float  in  flames  directly  against  them.  This 
would  have  inevitably  proved  their  destruction  had  not  a 
counter-breeze  sprung  up  just  at  the  opportune  moment, 
which  carried  the  flaming  magazine  to  the  opposite  shore, 
where  it  split  and  filled  with  water. 

At  about  ten  o'clock  in  the  evening  the  enemy  retired, 
discouraged  and  mortified  at  their  ill  success.  "  A  siege  of 
forty-eight  hours  prosecuted  by  a  host  against  a  handful," 
says  a  historian,  "  was  in  the  sequel  no  less  a  disgrace  and 
a  discouragement  to  the  one  than  animating  and  glorious  to 
the  other."  To  retaliate  for  the  death  of  one  of  the  French 
officers,  the  savages  put  their  only  captive,  John  Diamond, 
to  the  torture.  They  stripped,  scalped,  and  maimed  him  ; 
slit  his  hands  and  feet  between  the  fingers  and  toes  ;  cut 
deep  gashes  in  the  fieshy  parts  of  his  body  and  stuck  the 
wounds  full  of  lighted  torches,  leaving  him  to  die  by  piece- 
meal in  the  atronies  of  consuming  fire.* 


CHAPTER    XIII. 


CONTINUATION  OP  INDIAN  HOSTILITIES. 

Sir  Williani  Phips— His  Measures  for  prcisecuting  the  War— Maj. 
Converse  promoled  to  the  Chief  Command — Stone  Fort  erected  in 
Biddeford— Depredations  of  the  Indians— Lieut.  Fletcher  and  his 
two  Sons  captured — Humphrey  Scamman  and  his  Family  taken 
Captives— Continuation  of  the  Struggle  till  the  Peace  of  171.',. 

The  new  administration,  under  the  charter  of  William 
and  Mary,  commenced  in  the  spring  of  1692.  Sir  William 
Phips  was  commissioned  royal  Governor.  He  was  a  native 
of  Maine,  born  in  Woolwich,  upon  the  Sheepscot,  Feb. 
2,  1650,  and  was  one  of  the  youngest  of  his  mother's 
twenty -six  children,  of  whom  twenty-one  were  sons.  His 
wife  was  a  daughter  of  Roger  Spencer,  of  Saco.  Bereaved 
of  his  father  when  a  child,  he  passed  his  boyhood  with  his 
mother  until  he  was  eighteen,  afterwards  learning  the  trade 
of  a  ship-carpenter,  and  acquiring  some  education.  About 
the  time  of  King  Philip's  war  he  built  a  ship  on  the 
Sheepscot  River,  and,  being  driven  away  by  the  Indians, 
ia-faring  adventurer. 


Mather's  Magnalia,  pp.  532-36;  2  Hutchinson,  p.  07. 


HISTORY   OF   YORK    COUNTY,  MAINE. 


In  some  of  his  voyages  he  heard  that  a  Spanish  ship, 
laden  with  silver,  had  been  wrecked  and  sunk,  half  a  cen- 
tury before,  not  far  from  the  Bahama  Islands.  He  told  the 
interesting  story  to  the  Duke  of  Albemarle,  and  entering 
into  an  agreement  with  him,  sailed  twice  under  his  auspices 
from  England,  into  those  waters,  in  search  of  the  wreck. 
During  the  second  voyage,  in  1687,  after  indefatigable 
eflForts,  he  found  it  between  forty  and  fifty  feet  under  water, 
and  took  from  it  the  immense  treasure  of  thirty-four  tons 
of  silver,  besides  gold,  pearls,  and  jewels,  equivalent  in  value 
to  one  million  three  hundred  and  fifty  thousand  dollars.  Of 
this  treasure  his  part  exceeded  seventy  thousand  dollars,  be- 
sides a  golden  cup,  worth  four  thousand  dollars,  presented  to 
his  wife  by  his  noble  patron.  For  his  enterprise,  success, 
and  honesty  King  James  II.  conferred  upon  him  the  order 
of  knighthood,  and  appointed  him  high-sherifi"  of  New 
England.  This  was  during  the  administration  of  Governor 
Andros,  with  whom  he  differed  so  widely  in  politics  that 
he  declined  the  olEce.  The  conquest  of  Nova  Scotia  and 
the  disastrous  expedition  against  Quebec,  at  the  beginning 
of  the  war,  have  already  been  noticed. 

As  royal  Governor  of  Massachusetts  under  the  new  char- 
ter, Sir  William  took  active  measures  to  carry  on  the  war 
against  the  French  and  Indians.  He  was  authorized  by 
the  charter  and  advised  by  the  Legislature,  if  necessary,  to 
march  the  militia  against  the  common  enemy.  A  board  of 
war  was  at  once  organized,  consisting  of  three  military  men, 
and  Benjamin  Church  was  commi.ssioned  major-command- 
ant of  the  forces.  The  Governor  himself,  attended  by 
Maj.  Church  and  four  hundred  and  fifty  men,  embarked 
early  in  August  for  Pemaquid,  where  he  had  decided  to 
establish  a  strong  garrison.  This  was  erected  in  a  few 
months,  under  the  direction  of  Capts.  Wing  and  Ban- 
croft, with  two  companies  retained  to  do  the  work,  and 
was  finished  by  Capt.  March.  It  was  a  quadrangular 
structure  of  solid  masonry,  measuring  seven  hundred  and 
forty-seven  feet  around  the  exterior  walls,  and  containing 
within  the  inclosure  a  strong  citadel.  The  height  on  the 
south  side  fronting  the  sea  was  twenty-two  feet,  and  the 
great  flanker,  or  round  tower,  at  the  southwest  corner,  was 
twenty-nine  feet  in  height.  Eight  feet  from  the  ground 
the  walls  were  six  feet  in  thickness,  and  there  was  a  tier  of 
twenty-eight  port-holes.  Eighteen  guns  were  mounted,  six 
of  which  were  eighteen-pounders,  and  Fort  William  Henry, 
as  it  was  called,  was  garrisoned  by  sixty  men.  The  cost  of 
the  structure  was  about  twenty  thousand  pounds. 

The  expedition  of  Maj.  Church  eastward  was  attended 
with  no  important  results,  the  Indians  in  several  places 
disappearing  on  his  approach,  and  hiding  themselves  in  the 
thickets  of  the  forest.  Madockawando,  in  August,  made  a 
journey  to  Quebec,  and  it  was  agreed  with  Count  Prontenac 
that,  upon  his  sending  two  ships  of  war  and  two  hundred 
Canadians  to  Penobscot,  they  should  be  reinforced  by 
three  hundred  Indians  under  Madockawando,  and  the  whole 
force  should  proceed  to  destroy  Wells,  Y'ork,  Kittery,  Pis- 
cataqua,  and  the  Isles  of  Shoals;  and  having  done  this, 
return  and  demolish  Fort  William  Henry.  This  project 
leaked  out  through  John  Nelson,  whom  Sir  William  had 
made  Governor  of  Nova  Scotia,  who  bribed  two  French- 
men   to  convey  the  intelligence  to  Boston.     Late  in  the 


autumn,  D'Iberville  and  the  Chevalier  Villebon,  with  two 
vessels  of  war  and  a  great  body  of  Indians,  proceeded  from 
Penobscot  to  attempt  the  reduction  of  Fort  William  Henry. 
But  struck  with  its  great  strength,  and  finding  an  English 
vessel  riding  at  anchor  under  its  guns,  the  commanders 
concluded  to  abandon  the  enterprise.  The  Indians  were 
so  disappointed  that  they  stamped  the  ground  in  rage. 

In  the  spring  of  1693  the  intrepid  Converse  was  com- 
missioned major  and  commander-in-chief  of  the  eastern 
forces,  including  the  garrison,  soldiers,  and  three  hundred 
and  fifty  new  levies.  He  ranged  the  country  in  quest  of 
the  enemy ;  was  at  Piscataqua,  at  Wells,  at  Sheepscot,  at 
Pemaquid,  at  Teconnet ;  and  on  the  we.st  side  of  the  Saco, 
near  the  Falls  (Biddeford)  he,  with  the  aid  of  Maj.  Hook 
and  Capt.  Hill,  erected  a  very  strong  stone  fort.  The  re- 
mains of  this  fort  were  visible  on  the  high  bank  where  the 
shops  of  the  Water-Power  Machine  Company  now  stand 
when  the  excavations  were  made  for  these  works  in  18-10. 
The  remnant  of  the  fort  was  demolished  at  that  time.  It 
is  said  to  have  been  built  with  so  much  strength  that  the 
Indians  never  attempted  to  take  it ;  of  course,  it  afforded 
great  security  to  the  inhabitants.  A  number  of  soldiers 
were  stationed  here  under  the  command  of  Capt.  George 
Tuifrey  and  Lieut.  Pendleton  Fletcher.  So  much  energy 
was  shown  in  the  preparations  for  war  in  the  early  part  of 
this  year  that  the  Indians  became  alarmed,  sued  for  peace, 
and  in  August  a  treaty  was  made  at  Pemaquid,  signed  by 
the  principal  sagamores  of  all  the  Indians  belonging  to  the 
several  tribes  of  Penobscot  and  Kennebec,  Androscoggin 
and  Saco.  The  following  summer,  however,  hostilities  were 
renewed  near  the  Piscataqua,  at  Spruce  Creek,  and  in 
York.  The  leaders  were  fortunately  seized, — Robin  Doney 
and  three  others  at  Saco  fort,  and  Bomazeen,  at  Pemaquid, 
in  1694.     The  latter  was  sent  to  jail  in  Boston. 

The  next  March  two  soldiers  belonging  to  the  fort  in 
Saco  fell  into  the  hands  of  the  enemy,  one  of  whom  was 
killed  and  the  other  carried  into  captivity.  The  savages 
appear  to  have  lurked  about  the  fort,  watching  an  opportu- 
nity for  mischief  Sergt.  Haley  was  cut  off  in  this  manner, 
venturing  carelessly  out  of  the  fort  in  the  latter  part  of  the 
summer.  The  next  year  five  soldiers,  in  a  similar  way, 
lost  their  lives.  They  had  discovered  the  enemy  in  season 
to  make  their  escape,  but  not  agreeing  about  the  course  to 
be  taken  (being  at  a  considerable  distance  from  the  fort) 
they  unfortunately  fell  into  an  ambush  and  were  all  slain. 

Maj.  Charles  Frost,  of  Sturgeon  Creek,  in  Kittery,  was 
killed  on  Sunday,  July  4, 1697,  returning  from  public  wor- 
ship at  Berwick, — "  to  repair  unto  which,"  says  Mr.  Mather, 
"  about  five  miles  from  his  own  house,  he  had  that  morning 
expressed  such  an  earnestness  that  much  notice  was  taken 
of  it."  Two  others  were  killed  at  the  same  time  ;  but  two 
sons  of  Maj.  Frost,  who  were  in  the  company,  happily 
escaped.  The  Indians  had  secreted  themselves  behind  a 
collection  of  boughs  lying  near  the  road  ;  the  place  was 
open  and  level,  and  apparently  much  less  likely  to  conceal 
an  enemy  than  other  parts  of  the  road  which  they  had 
passed.  Maj.  Frost  had  filled  various  offices  of  great 
respectability.  In  1693  he  was  a  member  of  the  Council 
of  Massachusetts,  elected  by  the  people  under  the  provis- 
ions of  the  new  charter.     He  had  been  an  officer  in  King 


CONTINUATION   OF   INDIAN   HOSTILITIES. 


Philip's  war,  and  was  much  feared  by  the  savages.  His 
father,  Nicholas  Frost,  heretofore  mentioned,  was  one  of  the 
first  settlers  of  Kittery,  and  died  in  1663,  at  the  age  of 
seventy-one,  leaving  two  other  sons, — John  and  Nicholas. 

The  capture  of  Lieut.  Fletcher  and  his  two  sons  took 
place  the  same  year.  Of  this  Dr.  Mather  gives  the  follow- 
ing account : 

"  Three  soldiers  of  Saeo  fiirt,  cutting  some  firewood  on  Cow  Island 
for  the  use  of  the  fort,  were  by  the  Indians  cut  oiT  while  Lieut  Flet- 
cher, with  his  two  sons,  that  should  have  guarded  them,  went  afowl- 
ing,  and  by  doing  so  they  likewise  fell  into  a  snare.  The  Indians 
carrying  these  three  captives  down  the  river  in  one  of  their  canoes, 
Lieut.  Larrabee,  who  was  abroad  with  a  scout,  waylaid  them,  and 
firing  on  the  foremost  of  the  canoes,  that  had  three  men  (Indians)  in 
it,  they  all  three  fell  and  sank  in  the  river  of  death.  Several  were 
killed  aboard  the  other  canoes,  and  the  rest  ran  their  canoes  ashore 
and  escaped  on  the  other  side  of  the  river;  and  one  of  the  Fletchers, 
when  all  the  Indians  with  him  were  killed,  was  delivered  out  of  the 
hands  which  had  made  prisoners  of  him,  though  his  poor  father  after- 
wards died  among  them." 

About  the  same  time  Humphrey  Scamman  and  his 
family  were  taken  and  carried  to  Canada.  The  story  of 
their  capture  is  thus  related  by  an  aged  lady,  a  grand- 
daughter of  Samuel,  the  youngest  son  of  Mr.  Scamman  : 

"When  Samuel  was  about  ten  years  old,  as  his  granddaughter  has 
often  heard  him  relate,  he  was  sent  one  day  by  his  mother  with  a  mug 
of  beer  to  his  father  and  brother,  who  were  at  work  on  a  piece  of 
marsh  In  the  neighborhood  of  the  lower  ferry.  He  had  not  gone  far 
from  the  house  when  he  discovered  a  number  of  Indians  at  a  distance, 
and  immediately  ran  back  to  inform  his  mother.  He  regained  the 
house  and  wished  to  fasten  the  doors  and  windows,  but  his  mother 
prevented  him,  saying  that  the  Indians  would  certainly  kill  them  if 
he  did.  They  soon  came  into  the  house  and  asked  the  good  woman 
where  her  snnap  (husband)  was.  She  refused  to  inform  them,  when 
they  threatened  to  carry  her  off  alone;  but  promised,  if  she  would 
discover  where  he  was,  to  take  them  together  without  harm.  She 
then  told  them.  After  destroying  much  of  the  furniture  in  the  house, 
breaking  many  articles  on  a  flat  stone  by  the  door,  and  emptying  the 
feather-beds  to  secure  the  sacks,  they  went  away  with  the  prisoners 
towards  the  marsh,  where  they  succeeded  in  capturing  Mr.  Seamman 
and  his  other  son.  A  boy  named  Robinson  had  been  for  the  team, 
and  as  he  was  returning  he  perceived  the  savages  in  season  to  make 
his  escape.  Mounting  a  horse,  with  only  his  garters  for  a  bridle,  he 
rode  up  to  what  is  now  Gray's  Point,  swam  the  horse  to  Cow  Island, 
and,  leaving  him  there,  swam  to  the  opposite  shore,  and  reached  the 
fort  in  safety.  He  found  only  a  few  old  men  and  women  in  posses- 
sion of  the  place.  The  guns  were  immediately  fired  to  alarm  the 
soldiers  belonging  to  the  fort,  who  were  at  work  some  distance  off. 
The  women  in  the  mean  time  put  on  men's  clothes  and  showed  them- 
selves about  the  fort,  so  that  they  could  be  seen  by  the  Indians,  who 
had  come  up  to  the  opposite  island.  Deceived  hy  this  stratagem 
(supposing  the  fort  to  be  well  manned,  as  they  afterwards  acknowl- 
edged), they  did  not  venture  an  attack,  but  drew  off  with  a  number 
of  prisoners  besides  Scamman  and  his  family.  As  the  peace  took 
place  soon  after,  the  prisoners  were  all  restored,  having  been  probably 
about  one  year  in  captivity.  Mr.  Scamman,  on  his  return,  found  his 
house  in  precisely  the  same  condition  in  which  it  had  been  left;  even 
the  mug  of  beer,  which  Samuel  had  placed  on  the  dresser,  was  found 
remaining  there.  This  mug  is  still  in  existence,  preserved  by  our 
venerable  informant  as  a  memorial  of  the  dangers  and  suflferings  to 
which  her  ancestors  were  exposed.  It  is  a  handsome  article  of  brown 
ware,  with  the  figure  and  name  of  King  William  stamped  upon  it. 
Its  age  is  about  one  hundred  and  forty  years."* 

In  1698,  the  war  between  England  and  France  being  at 
an  end,  the  Indians  made  new  overtures  for  peace,  and 
commissioners  were  sent  to  treat  with  them,  who  concluded 
a  treaty  at  Mare  Point,  in  Casco  Bay,  Jan.  7,  1699.    Thus 


I  and  Biddeford,  i 


1830,  p.  1S7. 


ended  a  bloody  war  which  had  continued  with  little  inter- 
mission for  ten  years. 

The  settlements  enjoyed,  however,  but  a  short  respite 
from  the  unspeakable  miseries  of  savage  warfare.  The 
succession  of  Queen  Anne  to  the  Engli.sh  throne  in  1702 
was  followed  by  a  renewal  of  hostilities  with  France.  The 
next  year  Governor  Dudley  appointed  a  conference  with  the 
eastern  Indians  at  Falmouth.  Delegates  appeared  from  the 
different  tribes,  who  declared  to  the  Governor  "  that  a.s  high 
as  the  sun  was  above  the  earth,  so  far  distant  was  their 
design  of  making  war  upon  the  whites."  Yet  in  August, 
six  weeks  after  the  conference,  a  body  of  five  hundred 
French  and  Indians  fell  upon  the  settlements  between 
Casco  and  Wells,  burning  and  destroying  all  before  them. 
One  hundred  and  thirty  people  were  killed  and  taken  pris- 
oners in  the  course  of  this  devastation. f  The  garrison  at 
Winter  Harbor  and  the  stone  fort  at  Saco  Falls  were  at- 
tacked by  this  party.  The  former,  after  a  stout  resistance, 
finally  capitulated  on  favorable  terms.  In  the  assault  on 
the  fort  at  Saco  eleven  were  killed  and  twenty-four  taken 
prisoners,  who  were  carried  into  captivity.  At  Spurwink 
twenty-two  persons,  all  of  the  Jordan  families  resident 
there,  were  either  killed  or  captured.  The  garrison  at 
Scarborough  this  time  held  out  against  an  attack.  At  Pur- 
pooduck  (Cape  Elizabeth)  twenty-five  were  killed  and  eight 
taken.  The  inhabitants,  having  been  lulled  into  security 
by  the  result  of  the  conference  at  Casco,  were  taken  by 
surprise,  and  became  the  easy  victims  of  the  perfidious 
cruelty  of  the  savages. 

Towards  the  close  of  the  year  five  of  the  inhabitants  of 
Saco  who  were  getting  home  wood  were  surprised  by  the 
enemy,  and  three  of  them  slain.  The  next  month  (January, 
1704)  a  body  of  Indians  attacked  the  garrison  at  Saco,  at 
that  time  commanded  by  Capt.  Brown,  but  were  repulsed. J 

In  1705,  Capt.  Joseph  Hill,  who  had  fallen  into  the 
hands  of  the  enemy  and  been  taken  to  Canada,  was  sent  to 
obtain  an  exchange  of  prisoners.  He  reported  that  there 
were  at  that  time  with  the  French  one  hundred  and  four- 
teen captives,  and  seventy  with  the  Indians.  About  this 
time  Ebenezer  (afterwards  Deacon)  Hill  and  his  wife  were 
taken  captives  and  carried  to  Canada,  where  they  remained 
three  years.  Their  oldest  son,  Ebenezer,  called  in  after- 
years  "  the  Frenchman,"  was  born  either  in  Canada  or 
while  they  were  on  their  return.  Mr.  Hill's  house  was 
on  the  west  side  of  Saco  River,  near  the  head  of  "  Ferry 
Lane.''§ 

In  1707  an  engagement  took  place  at  Winter  Harbor 
between  a  fleet  of  fifty  canoes,  manned  by  one  hundred  and 
fifty  Indians,  and  two  small  vessels,  in  which  were  Capt. 
Austin,  Sergt.  Cole,  Mr.  Harmon,  and  six  others.  Seeing 
the  canoes  approaching  in  a  hostile  manner,  the  men  fired 
upon  them  as  soon  as  they  came  near  enough,  producing 
some  confusion  among  the  savages  ;  a  brisk  action  ensued, 
in  which  the  Indians  captured  one  of  the  vessels,  the  men, 
however,  making  their  escape  to  the  other,  with  the  loss  of 
one  man,  Benjamin  Daniel,  who  was  shot  through  the 
bowels.     As  he  fell  he  exclaimed,  "I  am  a  dead  man ;" 

t  Penhallow'a  Wars  of  New  England. 

X  Judge  Sewall's  MS.  Diary. 

^  Folaom's  Saco  and  Biddeford,  p.  199. 


54 


HISTORY  OF  YORK   COUNTY,  MAINE. 


but  recovering  a  little,  he  added,  "  Let  me  kill  oue  before  I 
die."  His  strength,  however,  failed  hitn  ere  he  could  get 
his  gun  to  his  shoulder,  and  he  sank  down  and  expired. 

In  1708  the  General  Court  passed  an  order  directing  the 
removal  of  the  forces  from  the  stone  fort  at  Saco  Falls 
(Biddeford)  to  Winter  Harbor,  where  a  new  fort  was 
built  on  the  extremity  of  the  point  at  the  entrance  of  the 
Pool.  Three  hundred  pounds  were  appropriated  for  this 
object,  and  Joseph  Hammond  and  Capt.  Lewis  Bane  were 
appointed  to  carry  the  order  into  effect.  In  1710  one  hun- 
dred pounds  were  granted  by  the  court  for  the  completion 
of  the  fortification,  which  was  called  Fort  Mary.  A  supply 
of  snow-shoes  and  moccasins  was  voted  at  the  same  time. 
The  point  where  this  fort  stood  is  still  called  Fort  Hill. 

In  August  of  that  year  about  fifty  French  and  Indians 
made  an  assault  on  Winter  Harbor,  killed  a  woman,  and 
took  two  men,  one  of  whom,  Pendleton  Fletcher,  was  cap- 
tured for  the  fourth  time.  The  garrison  redeemed  him. 
The  next  week  a  large  party  came,  killed  three  and  carried 
away  six.  They  barbarously  stripped  off  the  skin  from  one 
of  the  slain,  and  made  girdles  of  it.  Col.  Walton,  with 
one  hundred  and  seventy  men,  soon  after  visited  the  place 
and  marched  up  the  Saco  River,  but  succeeded  in  destroy- 
ing only  two  of  the  enemy  and  taking  five  prisoners.  Corp. 
Ayers,  of  Fort  Mary,  about  this  time  fell  into  the  hands 
of  the  savages,  but  was  liberated  immediately,  the  Indians 
being  weary  of  the  war,  which  had  reduced  the  number  of 
their  fighting  men  nearly  one-half  They,  therefore,  sent  a 
flag  of  truce  to  the  fort  and  desired  a  treaty.  But  some  of 
them  committed  depredations  afterwards  in  Wells,  York, 
Kittery,  and  Dover,  N.  H. 

The  year  1712  was,  indeed,  more  calamitous  and  eventful 
to  the  people  of  Maine  than  several  of  the  preceding  years 
had  been.  About  twenty-six  persons  were  killed,  wounded, 
and  taken  prisoners  in  York,  Kittery,  and  Wells.  The 
enemy  first  appeared  at  York,  and  in  April  or  May  shot 
Samuel  Webber,  between  the  village  and  Cape  Neddick. 
Another  party  fell  upon  several  men  with  teams  in  Wells, 
when  three  were  killed  and  as  many  wounded.  Among 
those  who  fell  was  Lieut.  Littlefield,  a  brave  and  valuable 
man,  whose  death  was  deeply  lamented.*  He  had  for  a 
longtime  commanded  the  militia  company  of  his  town,  and 
was  a  skillful  engineer,  especially  in  waterworks.  He  had 
been  taken  a  prisoner  four  years  before,  carried  to  Canada, 
and  lately  ransomed  from  his  captivity.  The  Indians  soon 
after  were  bold  and  daring  enough  to  penetrate  into  the 
heart  of  the  town,  where  they  caught  and  hurried  away  two 
of  its  inhabitants  with  fiendish  shouts  of  triumph.  The 
repetition  of  these  desperate  adventures  was  enough  to 
wither  every  hope  and  fill  every  heart  with  despair.  No 
age,  no  condition,  no  place  could  enjoy  the  least  rest  or 
security.  One  boy  was  killed  and  another  taken  about  this 
time  at  Spruce  Creek,  in  Kittery. 

As  a  scouting  party  was  marching  from  the  garrison  in 
York  towards  Cape  Neddick,  May  14th,  it  was  assailed  by 
a  body  of  thirty  French  and  Indians.  Nalton,  the  sergeant, 
was  shot,  and  seven  others  seized  and  confined.  The  com- 
mander and  others  retreated  and  fought  till  they  arrived  at 

•  *  Supposed  to  be  the  same  Josiah  Littlefield  who  represented  Wells 
in  the  General  Court  in  1710. 


a  great  rock,  which  sheltered  them  from  the  fire  and  fury 
of  their  pursuers,  and  enabled  them  to  keep  their  ground 
till  relieved  by  Capt.  Willard  and  a  "  flying  guard"  from 
the  fort.  Every  motion  and  movement  of  the  inhabitants 
seemed  to  lie  under  the  inspection  of  a  lurking,  malignant 
foe.  John  Pickernell,  at  Spruce  Creek,  was  shot  June  1st, 
as  he  was  locking  his  door,  on  the  way  with  his  family  to 
the  garrison  ;  his  wife  was  wounded  and  a  child  scalped. 
Seven  weeks  after  this  a  man  was  killed  at  Berwick, 
another  at  Wells,  and  a  negro  taken  captive. 

The  last  memorable  skirmish  which  occurred  in  York 
County  (and  indeed  in  Maine)  before  the  close  of  this  ter- 
rible war,  happened  in  the  autumn  of  1712,  at  Wells.  It 
was  on  the  wedding-day  of  Capt  Wheelwright's  daughter. 
A  considerable  number  of  guests  were  pre.sent,  some  of 
whom  had  attended  Mr.  Plaisted,  the  bridegroom,  from 
Portsmouth.  When  the  marriage  ceremonies  were  over, 
and  the  attendants  were  preparing  to  depart,  they  were 
informed  that  two  of  their  horses  were  missing  and  could 
not  be  foufld.  Several  proceeded  immediately  in  search  of 
them,  two  of  whom  were  shot  down  a  few  rods  from  the 
house,  and  others  seized  by  the  savages.  Alarmed  at  the 
report  of  guns,  Capts.  Lane,  Robinson,  and  Heard  dis- 
patched twelve  men  from  the  garrison  across  lots  to  meet  or 
intercept  the  assailants,  while  they  themselves,  in  company 
with  Mr.  Plaisted  and  his  friends,  mounted  the  bridled 
horses  and  gave  them  whip  and  rein  in  pursuit.  In  a  few 
minutes  these  all  fell  into  an  ambush ;  Robinson  was  killed 
on  the  spot,  the  rest  were  dismounted,  yet  every  one  of  them, 
except  Plaisted,  effected  an  escape.  Plaisted  was,  however, 
in  a  few  days,  ransomed  by  his  father,  though  the  crafty 
savages  required  him  to  pay  over  three  hundred  pounds.")" 

This  was  the  last  act  of  savage  barbarity  in  the  county 
during  the  war.  The  treaty  of  Utrecht,  which  made  peace 
between  England  and  France,  w;is  signed  March  30,  1713. 
The  Indians,  who  had  long  been  impatient  for  peace,  but 
whose  resentment  had  been  kept  alive  by  the  French  long 
after  they  were  heartily  sick  of  the  war,  now  hastened  to 
make  peace  with  the  English.  By  request  of  the  sagamores, 
presented  through  Capt.  Samuel  Moody,  of  Falmouth,  the 
Governor  appointed  a  conference,  to  be  held  at  Portsmouth 
on  the  11th  of  July,  at  which  the  chiefs  of  the  different 
tribes  appeared  and  signed  a  treaty  of  perpetual  peace  and 
amity.  Although  they  had  inflicted  terrible  ravages  upon 
the  settlements,  they  themselves  had  been  great  sufferers  by 
the  war.  More  than  a  third  of  their  fighting  men  had, 
within  the  ten  years,  wasted  away  or  been  killed,  and  pro- 
bably an  equal  or  a  greater  portion  of  their  women  and 
children.  The  warriors  of  the  Ahenaques  and  Etechemins 
— the  two  most  powerful  tribes — had  been  reduced  to  three 
hundred,  while  three  tribes — the  Wowenocks,  Sokokis,  and 
Anasaffu/iticooks — had  lost  their  separate  tribal  distinction, 
and  become  mixed  or  blended  with  St.  Frangois  and  others. 
The  force  of  the  natives  appeared  in  a  great  measure  broken 
and  their  leaders  disheartened. 

t  3  Mass.  Hist.  Coll.,  p.  140. 


CIVIL   AFFAIRS   UNDER   THE    CHARTER   OF    1691. 


CHAPTER    XIV. 

CIVIL  AFFAIHS    UNDER    THE    CHARTEB  OP    1691. 

Tevritorial  Extent  of  Maine — Government  Formed  under  the  Charter 
— Officers  Appointed  and  Elected — Representation  of  the  Towns  in 
York  County — Revision  of  the  Judiciary  System — Probate,  Chan- 
cery, and  Admiralty  Courts  Established — Militia  Laws — Religious 
Toleration — Education. 

Having  followed  the  history  of  the  struggle  with  the 
French  and  Indians  up  to  the  peace  of  Utrecht,  July  30, 
1713,  we  are  now  prepared  to  go  back  a  few  years  and  con- 
sider the  civil  aifairs  of  the  province  under  the  charter  of 
William  and  Mary.  This  famous  instrument  was  granted 
to  the  colony  of  Massachusetts  on  the  7th  of  October, 
1G91.  It  was  brought  over  by  Sir  William  Phips,  the  first 
royal  Governor  under  its  provisions,  and  went  into  effect  on 
the  14th  of  May,  1692. 

By  this  charter  the  province  of  Maine,  as  to  its  terri- 
torial limits,  was  made  to  extend  from  the  Piscataqua  to 
the  Kennebec,  and  all  east  of  that,  including  Nova  Scotia, 
was  the  province  of  Sagadahock.  In  1696,  Massachusetts 
surrendered  the  government  of  Nova  Scotia  to  the  erown, 
and  at  the  peace  of  Utrecht  it  became  a  British  province, 
which  it  has  remained  ever  since. 

The  charter  provided  that  three  members  of  the  Council 
— which  was  the  upper  house  in  the  legislative  body — 
should  always  be  taken  from  the  province  of  Maine,  and 
one  from  Sagadahock.  The  whole  number  of  councilors 
were  at  first  by  name  inserted  in  the  charter,  and  were 
charter  members,  to  hold  their  places  until  the  election  in 
May,  1693.  Those  for  Maine  were  Job  Alcock,  Samuel 
Donnell,  and  Samuel  Hayman  ;  and  for  Sagadahock,  Sil- 
vanus  Davis.  Mr.  Alcock  and  Mr.  Donnell  were  both  resi- 
dents of  York,  and  both  were  afterwards  for  some  time 
justices  of  the  Inferior  Court,  or  Common  Pleas.  Mr. 
Alcock  was  one  of  the  ancient,  most  respectable,  and  wealthy 
men  of  his  town,  and  had  been  commander  of  the  militia 
twenty  years  before ;  nevertheless,  being  somewhat  ad- 
vanced in  years,  he  was  never  re-chosen  to  fill  a  position 
in  the  Council.  Mr.  Donnell  was  elected  the  next  year, 
and  once  subsequently.  He  also  represented  his  town  two 
years  in  the  House.  Mr.  Hayman,  having  an  oversight 
and  interest  in  public  affairs  at  Berwick,  received  this 
mark  of  distinction  on  account  of  his  personal  worth  ;  yet, 
owing  probably  to  his  short  residence  in  Maine,  he  is  not 
known  to  have  been  a  member  of  the  Council  after  the 
expiration  of  his  charter  term,  nor  to  have  filled  any  other 
public  oflBce  in  the  province.  Mr.  Davis  was  a  gentleman 
of  good  capacity  and  great  fidelity.  He  had  been  an  in- 
habitant of  Arrowsio.  and  in  superintending  the  interests  of 
Clark  and  Lake  upon  that  island  and  in  the  vicinity  had 
acquired  an  eminent  character  for  integrity,  business  enter- 
prise, and  prudence  When  that  island  was  laid  waste  he 
removed  to  Falmouth,  and  was  there  in  command  of  the 
garrison  when  it  was  attacked  and  taken  by  the  combined 
force  of  French  and  Indians  on  the  20th  of  May,  1690. 
Mr.  Davis  was  taken  prisoner,  and  was  twenty-four  days 
marching  through  the  country  to  Quebec,  where  he  re- 
mained four  months,  and  was  exchanged  on  the  15th  of 
October  for  a  Freuchman  who  had  been  taken  by  Sir  Wil- 


liam Phips.*  Mr.  Davis  was  a  worthy  member  of  the 
Council,  and  elected  to  the  same  body  the  next  year. 

In  the  places  of  Messrs.  Alcock  and  Heyman,  Francis 
Hooke  and  Charles  Frost  were  elected  in  1693.  They  had 
been  members  of  President  Danforth's  Council,  and  were 
two  of  the  most  popular  and  useful  men  in  the  province. 
In  the  first  Inferior  Court,  or  Common  Pleas,  they  were 
both  judges,  and  Mr.  Hooke  was  two  years  judge  of  probate 
in  Yorkshire,  or  the  county  of  York.  In  1694,  they  were 
re-elected.  The  same  year  the  places  of  Messrs.  Donnell 
and  Davis  were  filled  by  Mr.  Samuel  Wheelwright,  of  Wells, 
son  of  Rev.  John  Wheelwright,  the  original  and  principal 
proprietary  settler  of  that  town,  and  Mr.  Joseph  Lynde, 
who  was  a  non-resident  proprietor  of  lands  in  Sagadahock .f 
He  lived  in  Boston,  and  was  province  treasurer.  The  Sa- 
gadahock territory  was  represented  in  the  Council  by  a  non- 
resident landholder,  with  a  few  exceptions,  through  a  period 
of  sixty  or  seventy  years.  When  elected,  and  before  taking 
the  qualifying  oath,  he  usually  made  aflfidavit  at  the  Board 
that  he  was  a  proprietor  of  lands  in  said  province. 

The  council  was  annually  chosen  on  the  day  of  general  elec- 
tion in  May,  by  the  members  of  the  Board  and  the  new  House 
of  Representatives  assembled  in  convention,  and  if  any  va- 
cancies happened  during  the  political  year  they  were  filled  in 
the  same  way  by  the  two  branches  united.  Seven  formed  a 
quorum  for  the  transaction  of  business,  the  Board  being 
both  a  co-ordinate  branch  of  the  General  Court  and  an 
advisory  Council  of  the  Governor.  When  the  oflnces  of 
Governor  and  Lieutenant-Governor  were  vacant,  all  acts  of 
execritive  power  were  exercised  by  a  majority  of  the  whole 
Council,  and  there  have  been  instances,  especially  in  the 
Revolution,  when  commissions  were  signed  by  fifteen  coun- 
cilors. 

The  other  branch  of  the  General  Court,  called  the  House, 
was  constituted  of  deputies,  or  representatives,  elected  by 
incorporated  towns.  Governor  Phips,  for  the  first  time, 
issued  warrants.  May  20,  1692,  to  every  town  "  to  choose 
two  and  no  more,"  and  appointed  a  session  on  the  8th  of 
June,  when  one  hundred  and  fifty-three  were  returned.  In 
this  Legislature  eight  appeared  from  Maine,  or  Yorkshire, 
viz.,  two  from  each  of  the  towns,  as  follows  :  Kittery,  James 
Emery  and  Benjamin  Hodson  ;  York,  Jeremiah  Moulton 
and  M.  Turfrey ;  Wells,  Eliab  Hutchinson  and  John 
Wheelwright ;  Isles  of  Shoals,  Roger  Kelley  and  William 
Lakeman.  Subsequent  to  the  first  year,  the  Isles  of  Shoals 
were  never  represented  in  the  General  Court,  nor  did  any 
town  in  Maine  afterwards  for  sixty  years  return  at  the  same 
time  more  than  a  single  member  to  the  House.  Some  of 
the  towns  were  always  represented  during  that  period,  ex- 
cept in  1697.  The  whole  delegation  from  the  province  in 
any  single  year  never  exceeded  ten  or  eleven.  The  entire 
number  in  the  House  for  the  first  ten  years  was  usually 
between  sixty  and  eighty,  never,  till  1735,  exceeding  a  hun- 
dred members.  Forty  constituted  a  quorum  for  doing  bus- 
iness ;  every  one  was  entitled  to  a  daily  compensation  of 
three  shillings  for  his  attendance,  but  was  finable  five  shil- 
lings if  absent  a  day  without  leave. 

■s  Report  of  Capt.  Davis,  on  file  in  Massachusetts  office  of  State. 
I  The   charter  did   not  require  councilors  for  that  province  to  be 
residents,  if  they  were  proprietors  of  lauds  there. 


56 


HISTORY  OF  YORK   COUNTY,   MAINE. 


Kittery  was  represented  iu  1693  by  James  Emery;  in 
1694,  by  William  Serevens;  in  1695,' by  James  Emery, 
again  ;  in  1696,  by  John  Shapleigh,  and  in  1698,  by  Rich- 
ard Cutts.  York  and  Wells,  united,  were  represented  in 
1694  by  Ezekiel  ,  Rogers,  Jr.;  and,  in  1698,  Abraham 
Preble  represented  York  alone.  Any  one  twenty-one  years 
of  age,  worth  forty  pounds  sterling,  or  a  freehold  which 
would  yield  an  annual  income  of  forty  shillings,  was  entitled 
to  vote.  Every  town  having  thirty  votes  and  upwards 
could  return  one  representative ;  one  hundred  and  twenty 
voters,  two ;  having  less  than  thirty,  it  might  unite  with 
the  adjoining  town  in  the  election  of  a  representative. 

The  General  Court,  consisting  of  both  legislative  bodies, 
had  full  powers  to  establish,  with  or  without  penalties,  all 
wholesome  and  reasonable  laws,  statutes,  ordinances,  and 
orders  not  repugnant  to  those  of  England  ;  to  name  and 
settle  annually  all  civil  officers  whose  appointment  was  not 
otherwise  provided  for,  and  to  levy  taxes  needful  for  the 
support  of  the  government  and  the  protection  of  the  people. 
But  all  orders,  laws,  statutes,  and  ordinances  had  to  be 
transmitted  by  the  first  opportunity  after  enactment  to  the 
king  for  his  approval  under  the  royal  signature.  Hence 
the  laws  under  this  system  were  denominated  the  statutes 
of  the  reigning  monarch  who  approved  them,  as,  for  example, 
"  the  Statutes  of  William  and  Mary,"  "  the  Statutes  of 
Queen  Anne,"  etc.  A  law,  however,  not  approved  by  the 
king  and  Privy  Council  within  three  years,  became  of  full 
force  by  the  lapse  of  time.  The  necessity  of  transmitting 
the  laws  across  the  ocean,  and  submitting  them  to  the  criti- 
cism and  liability  of  rejection  of  the  royal  board,  made  the 
legislators  exceedingly  careful  to  pass  good  laws,  and  re- 
stricted the  number  of  them  to  a  very  moderate  quantity 
compared  with  those  made  in  later  years.  But  to  avoid 
transmitting  every  minor  act,  the  General  Court  often  acted 
by  Resolves,  and  thus  introduced  a  practice  in  legislation 
still  continued  more  or  less. 

Among  the  first  things  done  by  the  General  Court  under 
the  new  charter  was  to  effect  a  thorough  revision  of  the 
whole  judiciary  system.  In  the  reorganization  five  judi- 
cial tribunals  were  established,  viz.,  a  Supreme  Court, 
Common  Pleas,  Quarter  Sessions  of  the  Peace,  and  Jus- 
tices Courts  ;  afterwards  Probate,  Chancery,  and  Admiralty 
Courts.  We  give  the  following  synopsis  of  these  courts 
as  furnished  by  Williamson  in  his  "  History  of  Maine  :" 

1.  The  Superior  Court  consisted  of  one  chief  justice  and 
four  puisne  or  side  judges,  any  three  of  whom  formed  a 
quoram.  It  was  a  tribunal  of  law  and  justice  in  all  civil 
and  criminal  cases  through  the  province,  and  of  assize  and 
general  jail-delivery  in  each  county.  But  the  statute 
establishing  it  was  not  approved  by  the  crown  till  nearly 
three  years  had  elapsed,  so  that  none  of  the  judges,  except 
the  chief  justice,  was  permanently  commissioned  till  1695, 
nor  before  Governor  Phips'  return  to  England.  In  the 
mean  time  the  jurisdictional  powers  of  this  tribunal  were 
exercised  by  special  commissioners  of  Oyer  and  Terminer, 
one  of  which,  for  instance,  was  issued  by  the  Governor, 
June  2,  1692,  to  try  witches.  But  after  the  statute  took 
effect,  it  was  found  in  its  practical  operations  not  to  be 
sufficiently  broad  and  explicit ;  and  another  was  passed  in 
1699,  which  gave  the  court  a  jurisdiction  of  all  matters 


civil  and  criminal,  including  appeals  from  the  lower  courts, 
reviews  and  writs  of  error,  as  fully  to  every  intent  as  the 
courts  of  Kings  Bench,  Common  Pleas,  and  Exchequer, 
had  within  the  kingdom  of  England.  The  judges  were 
appointed  in  1695,  and  held  terms  in  most  of  the  counties 
twice  every  year.  In  June  the  sessions  of  the  court  were 
held  in  Yorkshire,  and  the  shire  town  till  the  close  of  the 
second  Indian  war  was  Kittery,  subsequently  York. 

The  chief  justice  of  this  court  was  William  Stoughton, 
first  Lieutenant-Governor  under  the  charter,  a  graduate  of 
Harvard  in  1650,  appointed  chief  justice  in  1695,  and  held 
the  office  till  1700.  The  judges  were  Thomas  Danforth, 
late  president  of  Maine,  appointed  judge  in  1695,  and  held 
the  office  till  his  death,  1699;  Elisha  Cook,  an  eminent 
physician  of  Boston,  appointed  in  1695,  and  left  the  bench 
in  1702  ;  Samuel  Sewall,  of  Newberry,  graduate  of  Har- 
vard College  in  1671,  put  on  special  commission  in  1692, 
appointed  judge  in  1695,  chief  justice  in  1718,  and  left  the 
bench  in  1728;  Wait  Winthrop,  appointed  in  1696,  and 
left  the  bench  in  1717.  Each  judge's  pay  was  a  grant  of 
£40  a  year  till  1700,  when  it  was  raised  to  £50.* 

2.  An  Inferior  Court,  or  Common  Pleas,  was  established 
in  each  county,  consisting  of  four  judges,  who  had  cogni- 
zance of  all  civil  actions  arising  within  its  limits  triable  at 
the  common  law.  The  statute  constituting  this  court  was 
also  revised  in  1699,  but  not  essentially  altered.  The  first 
bench  of  judges  commissioned  in  Yorkshire,  now  commonly 
called  the  County  of  York,  were  Job  Alcock,  Francis 
Hooke,  Charles  Frost,  and  Samuel  Wheelwright.  The 
high-sheriff  was  Joseph  Curtis.  The  terms  in  this  county 
were  holden  at  York  on  the  first  Tuesdays  of  April  and 
July,  and  at  Wells  on  the  first  Tuesdays  of  January  and 
October.  Appeals  lay  from  the  decisions  of  this  court  to 
next  Superior  Court  sitting  in  the  same  county. 

3.  The  Court  of  General  Quarter  Sessions  of  the  Peace 
was  holden  by  the  justices  of  the  peace  within  the  county 
at  the  same  time  and  place  as  the  Court  of  Common  Pleas. 
It  had  authority  to  determine  all  matters  relating  to  the 
conservation  of  the  peace,  and  punishment  of  offenders  cog- 
nizable by  them  according  to  law.  But  it  being  a  needless 
expense  for  all  the  justices  in  the  county  to  meet  four  times 
a  year  to  try  a  few  minor  offenses,  the  number  was  made 
by  the  revising  statute  of  1699  to  consist  only  of  those 
justices  named  in  the  commissions.  Appeals  were  allowed 
from  this  tribunal  to  the  Superior  Court,  the  appellant 
being  put  under  recognizance  to  prosecute  the  cause,  to  file 
his  reasons,  to  produce  copies  of  the  process  and  of  the 
evidence  adduced  at  the  trial. 

4.  Justices  of  the  peace  were  civil  officers  known  under 
the  charter  of  Gorges,  but  never  hitherto  in  the  colony  of 
Massachu.-^etts,  the  assistants  acting  as  justices  through 
the  jurisdiction.  A  considerable  number  was  now  ap- 
pointed and  commissioned  for  each  county  by  the  Governor 
with  the  advice  of  the  Council.  They  were  to  hold  their 
office  during  good  behavior.  Each  one  had  jurisdiction 
in  all  civil  causes  to  the  amount  of  forty  shillings,  and  of 
all  crimes  so  far  as  to  commit  or  recognize  to  a  higher  tribu- 
nal all  heinous  offenses,  and  to  punish  such,  as  assaults  and 

*■  Massachusetts  Records,  p.  391. 


CIVIL   AFFAIRS   UNDER  THE   CHARTER  OP   1691. 


57 


batteries,  violations  of  tlie  Sabbath,  gaiubl in g,  drunkenness, 
profanity,  and  breaches  of  the  peace,  either  by  the  stocks, 
cage,  a  fine  of  twenty  shillings,  or  strijies  not  exceeding 
ten. 

5.  Probate  business  until  the  colony  charter  was  va- 
cated was  transacted  in  the  County  Court.  But  in  1687, 
amidst  the  changes  in  government,  Joshua  Scottow,  of 
Scarborough,  was  commissioned  judge,  and  his  son  Thomas, 
a  young  graduate  of  Harvard  College,  was  appointed  dep- 
uty recorder  for  Yorkshire.  Under  the  new  cliarter,  a 
judge  and  register  of  probate  were  commissioned  by  the 
executive  for  each  county,  to  hold  office  during  good  be- 
havior. In  York  County,  in  1693,  Francis  Hooke  was 
appointed  judge,  and  John  Wincoln  register.  Any  ap- 
peal made  from  this  court  went  directly  to  the  Governor 
and  Council. 

6.  A  Court  of  Chancery  was  established,  with  powers  to 
hear  all  matters  of  equity  not  relievable  by  common  law. 
It  was  held  at  Boston  by  three  commissioners,  assisted  by 
five  masters  in  chancery,  all  of  whom  were  appointed  by 
the  Governor  and  Council. 

7.  There  was  likewise  an  American  Vice-Admiralty 
Court,  and  Wait  Winthrop  was  appointed  judge  for  New 
England  and  New  York,  by  the  crown.  May  22, 1699.  The 
successive  judges  were  Messrs.  Atwood,  Mempeson,  Na- 
thaniel Byfield,  John  Menzis,  Robert  Achmuty,  and,  in 
171:7,  Charles  Russell.*  Besides  this  there  was  a  Provin- 
cial Judiciary  Court  of  Admiralty  held  by  the  Governor  and 
Council,  sitting  with  the  judge  of  the  American  Vice-Ad- 
miralty Court  and  the  Secretary  of  State,  for  the  trial  of 
piracies  and  other  crimes  committed  on  the  high  seas. 

From  any  decision  of  the  Provincial  Courts,  in  any  per- 
sonal action  wherein  the  matter  in  difference  exceeded 
three  hundred  pounds  sterling,  the  charter  allowed  an  ap- 
peal to  the  king  and  Council  of  England. 

To  revise  and  regulate  the  militia  a  statute  was  passed 
in  1693,  which  directed  all  the  male  inhabitants  between 
sixteen  and  sixty  years  of  age,  other  than  those  exempt  by 
the  law,  to  be  enrolled  and  to  do  military  duty  four  days  in 
a  year ;  who  were  all  to  be  armed  and  equipped  with  a  fire- 
lock and  its  appendages,  furnished  at  their  own  expense. 
They  were  organized  by  the  captain-general  and  com- 
mander-in-chief into  companies  severally  of  sixty  men,  and 
classed  into  regiments,  whose  musters  were  directed  to  be 
triennial.  All  military  officers  of  and  above  an  ensign's 
rank,  the  commander-in-chief  appointed  and  commissioned 
without  the  advice  of  the  Council,  and  all  under  that  rank 
were  appointed  by  the  captains.  On  any  alarm  given — 
which  was  understood  to  be  a  discharge  of  three  guns  in 
succession  at  measured  intervals — all  the  soldiers  in  the 
same  town  were  required,  under  heavy  penalties,  to  convene 
in  arms  at  the  usual  place  of  rendezvous,  and  await  the 
orders  of  their  officers.  No  officer  could  quarter  or  billet  a 
soldier  upon  any  other  inhabitant  than  an  inn-keeper  with- 
out his  consent. 

Liberty  of  conscience  in  the  worship  of  God  was  granted 
to  all  Christians  by  the  charter,  except  Papists,  or  Roman 
Catholics.     No  attempt  to  legalize  the  old  platform  of  church 


government  mot  with  any  favor,  nor  would  the  General 
Court,  after  this  period,  be  persuaded  to  interfere  in  any 
ecclesiastical  disputes,  otherwise  than  to  recommend  an  ar- 
bitrament or  compromise.  To  every  church,  with  the  ex- 
ception named,  was  given  and  secured  by  law  all  its  rights 
and  privileges  in  worship  and  discipline.  The  reason  why 
the  Catholics  were  not  protected  was,  that  the  struggle 
against  the  French  in  England  and  America  at  that  time 
was  over  the  very  question  of  Catholic  rule,  and  a  feeling  of 
strong  animosity  existed  against  them,  both  in  the  cabinet 
of  William,  the  Protestant  king,  and  on  the  part  of  the  peti- 
tioners for  the  charter.  It  was  too  much  to  expect  that 
either  party  would  be  willing  to  grant  free  toleration  to  their 
open  and  avowed  enemies. 

While  this  famous  charter  guaranteed  the  rights  of  reli- 
gion, it  also  provided  for  what  was  deemed  scarcely  less  in 
importance,  as  the  bulwark  of  justice  and  liberty,  and  the 
safeguard  of  good  government,  viz.,  education.  While 
each  town  was  required  by  law — a  provision  which  was  in- 
serted in  each  new  grant  for  a  colony  or  plantation — to 
supply  itself  with  an  able,  learned,  and  orthodox  minister 
as  conveniently  as  practicable,  and  lots  of  land  were  required 
to  be  set  off  for  the  first  minister  who  would  venture  into 
the  new  settlement,  and  for  the  support  and  maintenance 
of  a  constant  ministry,  they  manifested  equal  care  and  zeal 
for  the  support  of  schools.  Not  only  was  a  portion  of  land 
set  off  in  each  new  settlement  for  educational  purposes,  but 
a  law  was  passed  making  every  town  of  fifty  householders 
finable  that  failed  to  employ  a  schoolmaster  constantly; 
and  when  the  town  embraced  twice  that  number  of  families, 
it  was  required  to  employ  an  instructor  capable  of  teaching 
the  sciences  and  learned  languages,  or  to  support  a  grammar 
school.  Hence  it  was  that  many  of  the  liberally  educated 
at  Harvard  and  other  colleges,  who  found  their  way  into 
the  new  settlements,  paved  the  way  for  professional  life  and 
for  distinction  in  public  affairs,  by  first  being  school-teachers. 
The  names  of  many  distinguished  citizens  of  Maine,  at  a 
later  day,  such  as  David  Wyer,  Rev.  Dr.  Edward  Fayson, 
Theophilus  Bradbury,  Judge  Freeman,  Judge  Frothing- 
ham,  and  Theophilus  Parsons,  afterwards  the  learned  chief 
justice  of  Massachusetts,  who  were  a  portion  of  their  lives 
teachers  of  these  grammar  schools.f 

Without  going  further  into  details,  it  may  be  remarked 
that  the  political  axioms  of  this  period,  drawn  up  in  a 
statute,  or  hill  of  rights,  was  passed  in  1692,  showing  in  a 
peculiar  manner  the  sentiment,  sense,  and  intelligence  of 
the  federative  community.  By  these  no  one  might  be 
despoiled  of  his  liberties  or  rights,  except  by  the  judgment 
of  his  peers  or  the  laws  of  the  land.  Justice  shall  never 
be  sold,  denied,  nor  deferred  ;  nor  shall  any  one  be  twice 
tried  or  sentenced  for  the  same  offense.  All  trials  shall  be 
by  juries  of  twelve  men,  or  by  prior  established  laws.  Bail 
shall  always  be  allowed,  except  in  cases  of  treason  and  in 
capital  felonies ;  wherein  reasonable  challenges  shall  be 
granted  at  the  trials.  Writs  of  habeas  corpris  shall  never 
be  prohibited,  nor  shall  any  tax  be  levied  or  laid  upon  the 
people  without  an  act  of  the  Legislature.  Such  was  the  bill 
which  was  refused  approval  by  the  crown,  because  the  Eng- 


1  Douglas  Summ.,  p.  494. 


t  History  of  Schools  of  Portland. 


HISTORY  OF    YORK   COUNTY,  MAINE. 


lish  ministry  foresaw  that   it  would  be  a  security  against 
taxation  by  Parliament. 

The  administration  of  Sir  William  Pliips  continued  only 
about  two  years  and  a  half.  He  embarked  for  Loudon, 
Nov.  17,  1694,  where  he  died  the  ensuiug  February.  In 
his  administration  of  the  government  he  sought  to  promote 
the  best  interests  of  Maine,  the  province  of  his  nativity. 


CHAPTER    XV. 

PEOGBESS  OP  SETTLEMENTS  AFTER  THE  WAK. 

Towns  Resettled— Civil  Affairs— Committee  of  Claims  and  Settle- 
ments— Councilors  and  Representatives — Revival  of  the  Superior 
Court— Trouble  with  the  Indians— Depreciation  of  the  Currency- 
Retirement  of  Sovernor  Shute. 

The  close  of  the  war  began  to  witness  a  fresh  revival  of 
settlements  and  public  and  private  business.  On  the  9th 
of  June,  1713,  a  new  town  was  added  to  the  list  of  those 
in  York  County  by  the  incorporation  of  all  that  portion  of 
Kittery  above  Thompson's  Brook  into  a  municipality  by 
the  name  of  Berwick.  Ministers  began  to  return  to  their 
scattered  flocks,  and  parishes  to  be  revived.  This  year  the 
General  Court  ordered  the  resettlement  of  five  towns ;  these 
were  Saco,  Scarborough,  Falmouth,  North  Yarmouth,  and 
one  on  Arrowsic  Island.  The  next  year,  1714,  these  towns 
became  inhabited  by  several  returning  families,  to  which 
accessions  were  annually  made  until  they  were  enabled  to 
resume  their  municipal  privileges.  The  settlement  of  Saco 
Wis  so  rapid  that  in  1717  the  inhabitants  exhibited  a  com- 
pact hamlet  at  Winter  Harbor,  and  to  encourage  their  zeal 
in  settling  among  them  Rev.  Mr.  Short  as  their  minister,  forty 
pounds  were  annually  granted  them  out  of  the  provincial 
treasury,  for  four  or  five  years,  in  aid  of  his  support. 

Scarborough,  prior  to  1714,  had  been  without  inhabitants 
about  ten  years.  The  settlement  of  the  town  was  recom- 
menced at  Black  Point,  and  was  immediately  followed  by 
other  settlements  at  Blue  Point  and  Dunstan.  In  Decem- 
ber, 1719,  a  town-meeting  was  held,  and  the  next  year  the 
records,  which  had  been  preserved  in  Boston,  were  safely 
returned.  The  number  of  families  resettled  at  that  time  was 
about  thirty.  In  1727  a  Congregational  Church  was  formed, 
and  Rev.  William  Thompson  settled  over  them  as  pastor. 

None  of  the  desolated  towns  were  resettled  earlier  or 
more  rapidly  than  ancient  Falmouth.  ■  The  scattered  in- 
habitants began  slowly  to  return  in  1709,  and  several  dilapi- 
dated cottages  upon  the  Neck  were  repaired  so  as  to  be  ren- 
dered habitable.  The  first  new  framed  house  was  erected 
by  George  Ingersoll,  about  1714.  To  encourage  the  settlers 
the  General  Court,  in  1716,  granted  them  twenty  pounds. 
At  this  time  there  were  twenty  families  settled  upon  the 
Peninsula.  In  1727  they  built  a  meeting-house  and  settled 
their  first  regular  parish  minister.  Rev.  Thomas  Smith. 

The  resettlement  of  North  Yarmouth  was  delayed  several 
years,  and  Cape  Porpoise  became  the  town  which  had  a 
simultaneous  revival  with  those  just  mentioned.  Though 
it  had  never  before  its  destruction  compared  with  its  neigh- 
bors in  wealth  and  population,  it  had  been  inhabited  by  a 


bold  and  resolute  people,  and  on  the  5th  of  June,  1718, 
the  town  was  re-established  by  the  name  of  Arundel,  in 
honor  of  the  Duke  of  Arundel,  who  was  a  member  of  the 
Plymouth  Council.  In  1723  it  was  represented  in  the  Gen- 
eral Court  by  Alanson  Brown,  its  first  deputy  to  that  body. 

The  Committee  of  Claims  and  Settlement,  in  1715,  con- 
sisted of  two  councilors,  John  Wheelwright  and  Ichabod 
Plaisted,  of  Maine,  and  six  members  of  the  House, — Oliver 
Haynes,  Edward  Hutchinson,  Adam  Winthrop,  Samuel 
Phips,  Lewis  Bane,  and  John  Leighton. 

Blr.  Joseph  Hammod,  of  Kittery,  was  one  of  the  mem- 
bers of  the  Council  from  Maine  from  1700  to  1709,  the 
date  of  his  death.  He  was  also  one  of  the  judges  of  the 
Common  Pleas,  and  a  man  of  great  integrity  and  worth, 
whom  the  people  held  in  high  estimation.  He  left  a  son  of 
the  same  name,  the  worthy  inheritor  of  his  virtues,  who 
first  represented  his  town  in  the  Legislature  in  1711,  and 
in  1718  was  chosen  to  the  Council,  of  which  he  was  a 
member  twelve  years. 

Jlr.  Ichabod  Plaisted  was  a  member  of  the  Council  from 
1706  till  his  death.  He  was  the  grandson  of  Roger 
Plaisted,  and  the  father  of  Samuel  Plaisted,  who  died 
March  20,  1731,  aged  thirty-six  years.  Mr.  Plaisted  lived 
in  Berwick,  where  he  died  Nov.  16,  1715,  at  the  age  of 
fifty-two,  deeply  lamented.  No  other  name  in  the  province 
of  Maine  had  been  more  distinguished  for  military  intre- 
pidity than  that  of  Mr.  Plaisted,  and  he  was  also  an  honored 
judge  of  the  Court  of  Common  Pleas  for  several  years. 

Mr.  John  Wheelwright  was  a  member  of  the  Council 
twenty-five  years.  He  resided  in  Wells,  probably  upon  the 
patrimonial  estate  of  his  grandfather.  Rev.  John  Wheel- 
wright, who  was  one  of  the  original  settlers  of  the  town  in 
1643,  and  of  his  father,  Samuel  Wheelwright,  who  was  a 
member  of  the  Council  six  years,  from  1694.  He  died  in 
1700.  John,  the  grandson,  was  first  elected  in  1708,  and 
was  a  member  till  1734.  He  was  also  a  judge  of  the  Com- 
mon Pleas  many  years,  and  a  gentleman  of  talents,  merit, 
and  distinction.      He  died  in  1745. 

With  the  exception  of  one  year,  in  which  Mr.  John 
Leverett  was  councilor,  Mr.  Joseph  Lynde  continued,  by 
annual  re-election,  to  hold  his  place  in  the  Council  from 
Sagadahock  till  1716. 

On  the  memorial  of  the  councilors  and  representatives 
from  Maine,  the  General  Court,  June  5,  1711,  revived  the 
annual  term  of  the  Superior  Court,  appointed  by  law  to  be 
held  at  Kittery,  for  the  county  of  York,  which  for  six  or 
seven  years  prior,  by  reason  of  the  war,  had  been  entirely 
suspended.  This  was  followed  the  next  year  by  a  settle- 
ment of  the  county  treasurer's  accounts,  a  speedy  return  of 
order,  and  the  regular  administration  of  law  and  justice. 

This  continued  without  interruption  till  1722.  In  that 
year  another  town  was  added  to  the  number  of  those 
already  re-established.  At  the  session  of  the  General 
Court,  in  May,  a  petition  was  presented  by  John  Smith 
and  other  proprietors  of  North  Yarmouth,  praying  that  the 
township  might  be  re-established  and  suitable  persons  ap- 
pointed to  revive  and  manage  the  resettlement,  in  place  of 
the  trustees  who  had  been  appointed  under  President  Dan- 
forth.  Accordingly,  William  Taller,  Elisha  Cooke,  William 
Dudley,   John   Smith,   and  John   Powell   were   appointed 


FOURTH    INDIAN   WAR. 


59 


trustees,  who  held  their  meetings  in  Boston  for  five  years, 
but  afterwards  within  the  townsliip.  The  heirs  or  assigns 
of  Gendall,  Royall,  Lane,  Sheppard,  and  a  few  others  held 
their  old  lands,  otherwise  no  regard  was  paid  to  the  orig- 
inal allotments  or  to  quit-rents.  The  town  had  laid  waste 
since  it  was  destroyed  by  the  Indians  in  1 688,  eight  years 
after  it  was  first  established.  The  records,  which  had  been 
preserved  in  Charlestown,  were  returned,  and  the  municipal 
government  re-established.  The  town  was  laid  out  in  a 
compact  square  of  one  hundred  and  sixty  lots  of  ten  acres 
each,  so  as  to  be  more  easily  defended  from  attacks  by  the 
Indians.  A  fort  was  built  and  occupied  by  a  small  garri- 
son. The  progress  of  settlement  was  not  rapid,  yet  it  was 
such  that  within  the  next  eight  years  a  meeting-house  was 
built,  and  Rev.  Ammi  R.  Cutter,  the  first  resident  minister, 
was  settled  among  them.  He  continued  till  his  death,  in 
1763,  and  was  succeeded  by  Rev.  Edward  Brooks,  and  he 
by  Rev.  T.  Gilman,  in  1769,  who  died  in  1809.  The  nest 
minister  was  Rev.  F.  Brown,  afterwards  president  of  Dart- 
mouth College. 

This  was  the  last  effort  made  for  several  years  to  effect  a 
new  settlement  in  the  province.  Within  the  same  year 
trouble  again  broke  out  with  the  French  and  Indians.  The 
Governor,  also,  was  not  in  harmonious  relations  with  the 
House,  and  the  currency  of  the  country  was  very  much 
depreciated.  Large  loans  of  paper  money,  made  by  statute 
order  of  the  Legislature  on  pledge  of  lands,  became  oppres- 
sive to  debtors.  In  1719  it  was  ascertained  by  the  Com- 
missioners of  York  County — Messrs.  Preble,  Leighton, 
Came,  and  Plaisted — that  this  county  had  received  loans 
to  the  amount  of  one  hundred  thousand  pounds ;  yet  they 
were  to  be  discharged  upon  the  payment  in  specie  of  fifty 
pounds,  nineteen  shillings,  and  nine  pence.*  Such  was 
the  depreciation  of  the  paper  currency.  The  hard  times 
occasioned  by  it  was  one  chief  cause  of  the  resignation  of 
Governor  Shute,  in  1722.  He  had  expected  an  e.stablished 
salary  of  one  thousand  pounds  a  year,  whereas  he  was 
allowed  only  an  annual  stipend  of  five  hundred  pounds  in  de- 
preciated currency, — less,  in  fact,  than  two  hundred  pounds 
sterling.  There  had  been  a  late  instance  when  he  could 
not  so  much  as  obtain  a  vote  of  the  House  to  give  an  In- 
dian tribe  ten  pounds,  though  it  were  for  the  purpose  of 
perpetuating  peace.  At  length,  tired  of  controversy,  with- 
out popularity,  pleasure,  or  emolument,  he  suddenly  formed 
the  resolution  of  retiring,  which  he  did,  and  in  December 
embarked  for  England.  He  had  been  Governor  six  years 
and  two  months.  His  administration,  though  not  popular, 
was  not  wholly  unsuccessful. 


CHAPTER    XVL 

FOURTH  INDIAN    WAB. 

AlltheEasternTribesEngaged— Measures  of  Defense— Indians  Seize 
and  Arm  Englisli  Vessels — Destruction  of  Norridgewoek — Death 
of  Father  Rale— Expedition  of  Captain  Lovell— Desperate  Battle 
with  the  Sokokis — Dummer's  Treaty  signed  at  Falmouth. 

The  period  from  1722  to  the  winter  of  1726  was  one  of 
constant  war  with  the  Indians.    All  the  eastern  tribes  were 


en<jaged  in  the  struggle.  Although  the  French  did  not 
appear  openly  in  this  war,  for  fear  of  violating  the  treaty 
between  the  two  nations,  yet  they  zealou.sly  worked  in  secret 
by  means  of  their  priests  and  agents  to  incite  the  Indians 
to  an  attempt  to  dispossess  the  English  of  the  lands  which 
had  been  conveyed  by  their  sagamores,  and  to  either  exter- 
minate the  white  settlements  or  restrict  them  to  a  portion 
of  the  country  in  the  western  part  of  the  province.  In  an 
interview,  in  1724,  the  sagamores  told  the  commissioners  of 
Massachusetts  that  "  if  the  English  would  abolish  all  their 
forts,  remove  one  mile  westward  of  the  Saco  River,  rebuild 
their  churcli  at  Norridgewoek,  and  restore  to  them  their 
missionary  father,  they  would  be  brothers  again."  In  the 
former  treaty  they  had  conveyed  their  lands  to  the  English, 
and  agreed  to  become  British  subjects.  But  they  little  un- 
derstood the  import  of  these  acts.  The  Indians  supposed 
that  all  the  conveyance  which  a  sagamore  intended  to  give 
was  merely  the  consent  of  his  people  for  the  whites  to  occupy 
the  lands  in  common  with  themselves ;  whereas  the  English 
believed  that  all  their  rights  to  the  land  were  entirely  extin- 
guished upon  the  Androscoggin,  the  Kennebec,  and  other 
rivers  of  which  the  sagamores  had  given  deeds.  This  con- 
troversy could  only  be  settled  in  blood  and  the  extermina- 
tion of  the  inferior  race,  as  it  has  been  settled  over  nearly 
the  entire  continent.  The  Indians,  foreseeing  that  such  must 
be  the  result  of  the  struggle  if  they  yielded  to  the  English, 
resolved  to  unite  their  strength  and  make  one  more  deter- 
mined effort  to  retain  their  country  and  the  graves  of  their 
fathers.  Every  effort  to  conciliate  them  now  proved  fruit- 
less, and  the  war  broke  out  on  the  13th  of  June,  1722. 

At  this  time  a  party  of  sixty  Canihas  and  Anaaagunti- 
cooks  landed,  in  twenty  canoes,  on  the  northern  shore  of 
Merrymeeting  Bay,  and  took  nine  families.  At  Damaris- 
cove,  in  North  Yarmouth,  they  boarded  a  fishing-vessel, 
and  when  they  had  pinioned  Lieut.  Tilton  and  his  brother, 
unmercifully  beat  the  commander.  They  next  made  an 
attack  upon  Fort  St.  George,  burnt  a  sloop,  and  took  sev- 
eral prisoners.  They,  however,  in  the  siege  lost  twenty  of 
their  men,  and  on  account  of  the  heavy  rains  were  obliged 
to  discontinue.  Soon  after,  they  set  fire  to  the  village  of 
Brunswick,  which  was  reduced  to  ashes.  On  the  12th  of 
July  they  made  an  attack  upon  Casco ;  the  English  were 
driven  into  the  garrison,  but  at  night  the  Indians  were  pur- 
sued by  Capt.  Starman,  and  several  of  them  killed.  On  the 
25th  of  July  the  General  Court  declared  war  against  the 
eastern  Indians  as  the  king's  enemies,  and  as  traitors  and 
robbers.  A  force  of  one  thousand  men  was  raised,  two 
armed  vessels  and  several  whaleboats  brought  into  the  ser- 
vice. These  men  were  distributed  as  follows  :  one  hundred 
at  York,  thirty  at  Falmouth,  twenty  at  North  Yarmouth, 
ten  at  Maquoit,  twenty-five  at  Arrowsic,  and  twenty-five  at 
Richmond  fort.  A  large  force  was  appointed  to  range  per- 
petually between  the  Penobscot  and  Kennebec,  and  to  de- 
stroy the  strongholds  of  the  Indians.  Bounties  of  sixty 
pounds,  afterwards  raised  to  one  hundred  pounds,  were 
awarded  for  Indian  scalps,  and  other  vigorous  measures 
entered  into.  Command  of  the  forces  was  given  first  to  Col. 
Walton,  and  afterwards  to  Col.  Thomas  Westbrook,  who 
made  an  expedition  to  the  Penobscot,  destroying  considera- 
ble Indian  property. 


HISTORY  OF   YORK  COUNTY,  MAINE. 


In  April  an  attack  was  made  on  Falmouth,  and  Sergt. 
Chubb,  being  taken  for  the  commander  of  the  garrison,  was  ] 
pierced  by  eleven  balls.  In  May  two  men  were  killed  in  | 
Berwick,  one  iu  Wells,  and  two  on  their  way  from  that 
town  to  York.  On  the  19th  of  April  and  26th  of  June  the 
garrison-house  of  Roger  Deering,  in  Scarborough,  was  sur- 
prised ;  his  wife,  two  of  the  inhabitants,  and  two  soldiers 
were  killed.  Also,  John  Hunnewell,  Robert  Jordan,  Mary 
Scamman,  and  Deering's  three  children,  while  picking  ber- 
ries, were  seized  and  carried  into  captivity.  Five  Indians, 
in  August,  entered  the  field  of  Dominicus  Jordan,  a  princi- 
pal inhabitant  of  Saco,  fired  at  him  and  wounded  him  in 
three  places.  He,  however,  protected  himself  with  his  gun, 
retreating  backwards,  while  they  were  reloading,  and  made 
his  escape  to  the  fort. 

The  Indians  again  appeared  at  Arrowsic,  and  beset  the 
garrison,  still  commanded  by  Capt.  Penhallow.  Turning 
away  suddenly,  they  made  three  of  the  inhabitants  pris- 
oners, as  they  were  driving  their  cows  to  pasture,  nor  did 
they  leave  the  island  until  they  had  killed  a  large  number 
of  cattle.  At  Purpooduck,  May  27th,  a  party  killed  a  man 
and  wounded  another  ;  and  about  the  same  time  David 
Hill,  a  friendly  Indian,  was  shot  at  Saco.  Afterwards  the 
savages  for  a  month  or  more  withdrew  from  Maine  to  New 
Hampshire  and  the  frontier  settlements  eastward.  Never- 
theless, a  party  of  twenty-five  fell  upon  the  garrison  at 
Spurwink,  July  17th,  and  killed  Solomon  Jordan  at  their 
first  approach,  as  he  was  stepping  out  of  his  gate.  This 
was  a  timely  alarm.  The  next  morning  the  enemy  re- 
treated, pursued  by  Lieut.  Bane,  from  the  fort,  attended  by 
about  thirty  men,  who,  overtaking  the  Indians,  obtained 
one  scalp,  which  commanded  a  bounty  of  one  hundred 
pounds  to  the  pursuers. 

So  well  prepared  this  year  were  most  of  the  places  as- 
sailed that  the  savages  obtained  comparatively  little  booty. 
They  therefore  rushed  down  upon  the  sea-coast  and  under- 
took to  seize  upon  all  the  vessels  they  could  find  in  the  east- 
ern harbors.  New  to  them  as  this  kind  of  enterprise  was, 
they  were  in  a  few  weeks  in  possession  of  twenty-two  vessels 
of  various  descriptions,  two  of  which  were  shallops  taken  at 
the  Isles  of  Shoals,  eight  fishing-vessels,  found  at  the  Fox 
Island  thoroughfare,  one  a  large  schooner  armed  with  two 
swivels,  and  the  others  prizes  taken  at  difterent  places.  In 
these  successful  feats  of  piracy  they  killed  twenty-two  men, 
and  retained  a  still  greater  number  prisoners.  These  were 
generally  the  skippers  and  best  sailors,  whom  they  compelled 
to  serve  on  their  motley  fleet,  and,  supplying  themselves  with 
armed  Mickmacks  from  Cape  Sable,  they  became  a  terror 
to  all  the  vessels  which  sailed  along  the  eastern  shores. 

One  of  the  most  noted  events  of  the  year  1724  was  the 
destruction  of  the  Indian  settlement  at  Norridgewock,  and 
the  death  of  Father  Rale,  the  Jesuit  priest,  who  had  long 
resided  there,  and  whose  influence  in  instigating  the  Indians 
to  hostilities  against  the  English  settlers  was  well  known. 
He  had,  indeed,  been  the  chief  agent  by  whom  the  Gov- 
ernor of  Canada  had  kept  the  animosity  of  the  savages  in 
a  continual  blaze,  and  in  his  religious  teaching,  which  ex- 
erted a  strong  influence  over  them,  he  had  inculcated  doc- 
trines which  aroused  their  deepest  passions  and  prejudices. 
For   these  reasons  Norridgewock  was  singled  out  for  de- 


struction. The  execution  was  committed  to  a  detach- 
ment of  two  hundred  and  eight  men,  divided  into  four 
companies,  commanded  respectively  by  Capts.  Moulton,  Har- 
mon, Bourne,  and  Bane.  They  left  Richmond  fort  on  the 
19th  of  August,  and  ascended  the  Kennebec  River  in  seven- 
teen whale-boats,  arriving  about  noon  on  the  22d  in  sight  of 
the  village.  Here  the  detachment  was  divided, — Capt.  Har- 
mon taking  sixty  men  and  going  off  towards  the  mouth  of 
Sandy  River,  where  smoke  was  seen,  and  it  was  supposed 
that  some  of  the  Indians  were  at  work  in  their  corn-fields, 
and  Capt.  Moulton  forming  his  men  into  three  nearly  equal 
bands,  and  proceeding  directly  upon  the  village.  All  the 
Indians  were  in  their  wigwams,  when  one  happening  to 
step  out,  glanced  around  and  discovered  the  English  close 
upon  them.  He  instantly  gave  the  war-whoop  and  ran  in 
for  his  gun.  The  amazement  and  consternation  of  the 
whole  village  were  now  exhibited  ;  the  warriors,  about  sixty 
in  all,  seized  their  guns  and  fired  at  the  assailants,  but  in 
their  tremor  and  excitement  they  overshot  them,  and  not  a 
man  was  hurt.  A  discharge  was  instantly  returned,  which 
did  eff'ectual  execution.  The  Indians  fired  a  second  volley 
without  breaking  Moulton's  ranks.  Then,  rushing  to  the 
river,  they  tried  to  escape.  The  stream  at  this  season  was 
only  about  sixty  feet  wide,  and  in  no  place  more  than 
six  feet  deep.  A  few  jumped  into  their  canoes,  but  for- 
getting to  take  their  paddles,  were  in  a  hopeless  dilemma ; 
and  all,  especially  the  old  men,  women,  and  children,  fled 
in  every  direction.  The  soldiers  shot  them  in  their  flight 
to  the  woods,  upon  the  water,  and  wherever  they  could 
bring  their  guns  to  bear  upon  them.  About  fifty  landed 
upon  the  opposite  side,  and  about  one  hundred  and  fifty 
more  effected  their  escape  into  the  thickets,  where  they 
could  not  be  followed. 

The  pursuers  then  returned  to  the  village,  where  they 
found  the  Jesuit  in  one  of  the  wigwams  firing  upon  a  few 
of  the  English,  who  had  not  followed  the  escaping  fugitives. 
He  had  with  him  in  the  wigwam  an  English  boy,  fourteen 
years  of  age,  who  had  been  a  prisoner  six  months.  This 
boy  he  shot  through  the  thigh,  as  Harmon  states  upon 
oath,  and  afterwards  stabbed  in  the  body,  though  he  finally 
recovered.  Moulton  had  given  orders  to  spare  the  life  of 
Rale,  but  Jaques,  a  lieutenant,  finding  he  was  firing  from 
the  wigwam  and  had  wounded  one  of  the  soldiers,  stove  open 
the  door  and  shot  him  through  the  head.  As  an  excuse 
for  the  act,  Jaques  declared  that  when  he  entered  the  wig- 
wam Rale  was  loading  his  gun,  and  declared  he  would 
neither  give  nor  take  quarter. 

Mogg,  an  aged  and  noted  chief,*  was  shut  up  in  another 
wigwam,  from  which  he  fired  and  killed  one  of  the  three 
Mohaicks  who  had  accompanied  the  expedition.  This  so 
enraged  his  brother  that  he  broke  through  the  door  and 
shot  the  old  sagamore  dead,  and  the  soldiers  dispatched  his 
squaw  and  children. 

The  soldiers,  posting  a  strong  guard,  spent  the  night  in 
the  wigwams.  When  it  was  light,  they  counted,  as  two 
authors  state,  twenty-seven,  and  as  a  third  says,  thirty,  dead 
bodies,  including  that  of  the  Jesuit  and  several  noted  saga- 
mores. 

»  A  different  Indian  from  the  chief  Isnown  as  Muj,'g,  killed  near  the 
close  of  the  first  war  (see  Chap.  x.). 


FOURTH   INDIAN   WAR. 


The  plunder  they  brought  away  consisted  of  the  plate 
and  furniture  of  the  altar,  a  few  guns,  blankets  and  kettles, 
and  about  three  barrels  of  powder.  After  leaving  the 
place,  on  their  march  to  Teconnet,  one  of  the  Mohawks, 
either  sent  back  or  returning  of  his  own  accord,  set  fire  to 
the  chapel  and  cottages,  and  they  were  all  reduced  to  ashes. 
Rale,  the  Jesuit,  had  ministered  thirty-seven  years  to  the 
Indians  in  this  place.*  On  the  27th  the  detachment  ar- 
rived at  Fort  Richmond  without  the  loss  of  a  man.  It  was 
an  exploit  exceedingly  gratifying  to  the  whole  country,  and 
considered  as  brilliant  as  any  other  in  any  of  the  Indian 
wars  since  the  fall  of  King  Philip.  Harmon,  who  was 
senior  in  command,  proceeded  to  Boston,  where  he  was 
honored  with  the  commission  of  lieutenant-colonel.  In 
this  bloody  event  the  glory  departed  from  the  celebrated 
Canibas  tribe  to  return  no  more.  The  power  and  strength 
of  the  tribe  were  completely  broken. 

Another  expedition  of  deserved  note  during  this  war  was 
that  of  Capt.  John  Lovell  against  the  Sokokis,  on  the 
northern  border  of  York  County.  Capt.  Lovell  resided  at 
Dunstable,  where  his  patriotism,  military  ardor,  and  suc- 
cess as  a  leader  of  expeditions  drew  to  his  standard  a  num- 
ber of  enthusiastic  and  determined  men,  who  were  ready 
to  fight  the  Indians  anywhere  under  his  leadership.  On 
the  loth  of  April,  1725,  he  had  gathered  at  Dunstable  a 
company  of  forty-six  volunteers,  well  supplied  and  armed, 
and  on  the  16th  they  took  up  their  line  of  march  towards 
the  Ossipee  Ponds  and  the  upper  branches  of  the  Saco  River, 
the  region  and  range  of  the  remaining  Sokokis  tribe  of 
Indians.  The  great  bravery  of  these  natives  and  their 
antipathy  towards  the  English  were  characteristics  well 
known.  Lovell's  lieutenants  were  Josiah  Tarwell  and  Jon- 
athan Robbins ;  his  ensigns,  John  Harwood  and  Seth  Wy- 
man  ;  his  chaplain,  Jonathan  Frye  ;  and  his  chief  pilot, 
Toby,  an  Indian.  On  their  march  Toby  fell  sick  and  re- 
turned. A  soldier  becoming  lame  was  dismissed,  though 
with  reluctance,  and  was  barely  able  to  get  home.  An- 
other was  brought  down  by  fatigue  and  illness  after  travel- 
ing upwards  of  a  hundred  miles,  when  the  captain  came 
to  a  halt  on  the  westerly  side  of  the  Great  Ossipee  Pond,  in 
New  Hampshire,  ten  miles  from  the  west  line  of  Maine. 
Here  he  built  a  small  stockade  fort,  principally  for  a  place 
of  retreat  in  case  of  any  misfortune,  and  partly  for  the  accom- 
modation of  the  sick  man,  who  was  now  left,  with  the  sur- 
geon and  some  provisions,  under  a  guard  of  eight  wearied 
men. 

The  number  was  thus  reduced  to  thirty-four,  including 
the  captain,  who,  resuming  their  march,  shaped  their  course 
northeastward  till  they  came  to  the  northwesterly  margin 
of  a  pond,  about  twenty-two  miles  distant  from  the  fort, — • 
since  called  Lovell's,  or  Saco  Pond,  which  is  situated  in  the 
southeasterly  part  of  the  present  town  of  Fryeburg.  They 
had  passed  by  the  bend  of  the  Saco  River,  where  it  crosses 
the  line  between  New  Hampshire  and  Maine  and  turns 
northeastward,  leaving  the  Indian  Pequawket  village  (_now 
Fryeburg)  between  one  and  two  miles  north  of  them,  and 
in  the  heart  of  the  enemy's  country,  at  the  western  corner 
of  the  pond,  pitched  their  camp  for  the  night.     Early  in 


V.  i)._120,  Paris  ed.,  17-14. 


the  morning,  May  8th,  they  heard  the  report  of  a  gun,  and 
discovered  a  single  Indian  standing  on  a  point  of  land  a 
mile  distant,  on  the  easterly  side  of  the  pond.  They  sus- 
pected that  he  was  placed  there  to  decoy  them,  and  that 
the  main  body  of  the  enemy  was  probably  in  their  front. 
After  a  consultation  they  decided  to  inarch  in  that  direc- 
tion. They  had  traveled  about  a  mile  when  they  met  the 
Indian  they  discovered  in  the  morning  returning  towards 
the  village.  As  he  passed  he  did  not  notice  them  till  he 
received  their  fire  ;  then,  instantly  returning  it,  he  wounded 
Lovell  and  another  man  with  a  charge  of  small  shot. 
Ensign  Wyman  then  shot  him,  and  they  took  his  scalp. 
Seeing  no  other  enemy  they  returned  towards  a  place 
where  they  had  left  their  packs  on  their  march  up.  The 
enemy,  meantime,  having  discovered  their  tracks  where 
they  had  crossed  the  trail  leading  to  the  village,  and  counted 
them  to  ascertain  the  number  of  men,  had  followed  on  till 
they  came  to  the  packs,  and  there  lay  in  ambush,  about 
fifty  in  number.  The  moment  Lovell  and  his  men  reached 
the  spot,  about  ten  o'clock  a.m.,  the  Indians  rose  in  front 
and  rear,  and  surrounding  them,  rushed  upon  them  with  a 
horrid  yell.  The  English  received  the  shock  with  entire 
steadiness,  returning  the  fire,  and  driving  the  foe  several 
rods.  They  rallied  again  and  again,  till  three  rounds  had 
been  fired  on  each  side,  during  which  Capt.  Lovell  and 
eight  of  his  men  were  killed,  and  Lieut.  Forwell  and  two 
others  wounded.  Several  more  of  the  enemy  fell,  yet  being 
superior  in  numbers,  they  endeavored  to  surround  the 
English.  The  latter  retreated  in  good  order  to  near  the 
edge  of  the  pond,  where,  on  their  right,  was  the  mouth  of 
Battle  Brook  (since  so  called),  and  on  their  left  a  point  of 
rocks  which  extended  into  the  water,  their  front  being  shel- 
tered by  a  few  pine-trees  standing  on  a  sandy  beach,  partly 
covered  by  a  steep  bog.  Here  they  maintained  the  fight 
for  eight  hours  against  a  foe  superior  in  numbers  and  equal 
in  courage,  being  at  frequent  intervals  engaged  in  front  and 
flank.  At  one  time  a  group  of  savages  appeared  by  their 
gestures  to  be  engaged  in  a  powwow,  when  Ensign  Wyman, 
secretly  approaching,  shot  the  chief  actor,  and  the  others 
dispersed.  Some  of  the  Indians  asked  the  English  if  they 
would  have  quarter.  "  Yes,"  they  replied,  ''■  at  the  muzzles 
of  our  guns."  They  were  determined  to  meet  a  speedy 
and  honorable  death  rather  than  fall  into  the  hands  of  the 
savages,  to  be  tortured  or  made  captives. 

Mr.  Frye,  the  chaplain,  who  was  a  young  man  much  be- 
loved, fought  with  undaunted  courage.  About  the  middle 
of  the  afternoon  he  received  a  wound  which  proved  mortal, 
but  after  he  had  fallen  he  was  heard  several  times  to  utter 
an  audible  prayer  for  the  success  of  his  companions. 

John  Chamberlain,  a  soldier,  and  Paugus,  a  noted  chief, 
both  men  of  undoubted  courage  and  large  stature,  finding 
their  guns  too  foul  for  proper  use,  accidentally  stepped  down 
to  wash  them  at  the  same  moment  at  the  brink  of  the  pond. 
Standing  not  far  apart,  they  exchanged  a  few  defying  words, 
while,  without  waste  of  time,  they  washed  their  guns.  The 
chief,  as  he  forced  down  the  bullet,  called  out  to  his  foe, 
"Quick,  me  kill  you  now!"  "May  be  not,"  said  Cham- 
berlain, whose  gun,  by  priming  itself,  gave  him  the  advan- 
tage, and  in  an  instant  he  laid  the  warrior  low. 

At  night  the  Indians  retired  from  the  battle,  leaving  the 


HISTORY   OP   YORK   COUNTY,  MAINE. 


bodies  of  Lovell  and  his  companions  unscalped.  The  best 
authorities  put  the  loss  of  the  Indians  at  forty  or  fifty. 
Penhallow  says,  "  Forty  were  said  to  be  killed,  and  eighteen 
more  died  of  their  wounds."  Of  Lovell's  band  ten  were 
killed,  fourteen  wounded,  and  one  missing.  Five  of  the 
wounded  died  afterwards.  The  uninjured  ones  were  only 
niue.  This  battle  broke  the  heart  and  spirit  of  the  Sokolcis, 
and  they  were  never  able  to  inflict  any  more  loss  and  suf- 
fering upon  the  English.  Col.  Tyng  and  Capt.  White,  with 
attendants  from  Dunstable,  subsequently  went  to  the  spot 
and  buried  the  bodies  of  the  fallen  heroes  at  the  foot  of  an 
aged  pine,  on  which  their  names  were  carved,  marking  the 
place  where  the  battle  was  fought. 

The  treaty  of  peace  which  closed  this  war  was  concluded 
at  Falmouth,  Aug.  6,  1726,  and  was  signed  and  sealed  by 
Lieutenant-Governor  William  Dummer,  John  Wentworth, 
Paul  Mascerene,  and  several  provincial  councilors,  and  by 
Wenemovet.  chief  sachem,  and  twenty-five  others  of  his 


CHAPTER    XVII. 

WAB   BETWEEN    FBANCE    AND    ENGLAND. 

The  French  Seize  Nova  Scotia — Maine  and  Massachusetts  aroused — 
Expedition  against  Louisbourg  Set  on  Foot — Its  Complete  Success 
—Part  taken  in  it  by  Men  of  York  County— Sir  William  Pepperell 
— War  Declared  against  the  Penobscot  Indians — Local  Military 
Operations — Depredations  by  the  Indians — Dispersion  of  a-Freneh 
Fleet— Treaty  of  Peace. 

War  again  broke  out  between  France  and  England  in 
March,  1744,  and  before  the  intelligence  reached  Boston, 
the  French  Governor  of  Cape  Breton  liad  sent  eight  or  nine 
hundred  men  in  armed  vessels,  and  seized  upon  Canseau,  in 
Nova  Scotia,  lying  immediately  across  the  strait  from  Louis- 
bourg, their  stronghold  and  principal  military  station  upon 
the  island.  Nova  Scotia  had  been  in  the  possession  of  the 
English  since  the  peace  of  Utrecht,  a  period  of  thirty  years. 
The  houses  at  Canseau  were  burned  by  the  French,  and  the 
garrison  and  inhabitants  seized  and  made  prisoners.  This 
was  followed  by  an  attack  upon  Annapolis,  the  seat  and 
garrison  of  the  English  Governor,  who,  not  yet  apprised  of 
the  taking  of  Canseau,  was  beset  on  the  30th  of  May  by 
about  three  hundred  Indians,  led  on  by  M.  Luttre,  a  French 
missionary,  who  boldly  demanded  a  surrender.  But  the 
Governor  refused  to  capitulate,  and  immediately  sent  an  ex- 
press to  Governor  Shirley  requesting  assistance.  Meanwhile, 
Duvivier  the  Governor  of  Cape  Breton,  arriving  with  his 
forses,  joined  Luttre,  and  they  both  invested  the  place  till 
July  3d,  when  a  reinforcement  of  four  companies  from 
Massachusetts  compelled  them  to  retire.  During  the  siege 
they  had  surprised  and  killed  as  many  of  the  English  as 
could  be  caught  without  the  fort,  and  had  killed  their  cat- 
tle and  burnt  their  houses. 

This  sudden  onset  of  the  French  and  Indians  made  it 
imperative  that  steps  should  immediately  be  taken  for  the 
defense  of  the  eastern  frontiers.  It  was  readily  seen  that 
the  Indians  of  the  Penobscot — although  by  solemn  treaty 
they  had  declared  their  allegiance  to  the  English — might 
be  induced  to  join  the  more  eastern  tribes  in  the  war,  and 


kindle  a  flame  which  would  again  sweep  over  the  entire 
country.  While,  therefore,  forces  were  hurried  forward  to 
supply  the  garrisons  and  to  act  as  scouting-parties,  and 
munitions  of  war  were  sent  into  all  the  townships  and 
plantations,  no  time  was  lost  in  sending  commissioners  to 
the  Indians  to  ascertain  more  definitely  their  temper,  and 
to  confirm  them,  if  possible,  in  their  treaty  stipulations  of 
friendship  and  alliance.  A  delegation  from  Boston  met  the 
sagamores  of  the  Penobscot  tribe  at  Fort  St.  George  in 
July,  and  after  a  parley,  received  from  them  fresh  assurances 
of  their  desire  for  peace.  After  this  the  eastern  people  felt 
some  relief,  and  a  part  of  the  scouting  soldiery  was  dis- 
missed. 

The  policy  adopted  by  the  Governor  was  to  draw  a  line 
of  separation  between  the  Indians  supposed  to  be  loyal  or 
neutral  and  those  who  had  taken  sides  with  the  French, 
oflering  the  former  protection  and  friendship  so  long  as 
they  kept  good  faith  with  the  English,  and  had  no  inter- 
course with  such  Indians  as  were  enemies.  With  the  ad- 
vice of  the  Council  he  issued  a  proclamation,  October  20th, 
publicly  declaring  war  against  the  several  tribes  eastward 
of  Passamaquoddy,  and  forbidding  all  the  Indians  westward 
of  a  line  running  thence  to  the  St.  Lawrence  to  have  any 
correspondence  with  those  Indian  rebels.  It  was  soon 
found,  however,  that  geographical  lines  and  executive  edicts 
were  an  insufficient  barrier  against  the  natural  attractions 
of  race  and  the  affiliations  of  old  friendship. 

Doubts  being  entertained  as  to  the  loyalty  of  the  Penob- 
scot tribe,  it  was  determined  to  bring  them  to  a  decision 
one  way  or  the  other,  and  in  November,  Col.  Pepperell  was 
sent  to  require  of  them  their  quota  of  fighting  men,  accord- 
ing to  the  stipulation  of  the  Dummer  treaty.  They  were 
told  that  if  they  would  enter  the  service  they  should  receive 
soldiers'  pay  and  rations,  but  if  they  failed  to  comply  war 
would  be  declared  against  them  at  the  end  of  forty  days. 
In  January  they  sent  by  express  their  answer  to  Boston, 
saying  that  their  young  men  would  not  comply  with  the 
proposal  of  taking  up  arms  against  the  St.  John's  Indians, 
their  brothers. 

Preparations  having  been  made  for  the  winter 
of  the  garrisons,  and  one  hundred  effective  men  divii 
scouting-parties  to  patrol  the  country  continually 
Berwick  and  Fort  St.  George,  the  Governor  and  Council  now 
turned  their  attention  more  directly  to  the  seat  of  war. 

The  conviction  had  been  growing  throughout  the  autumn 
that  Louisbourg  must  be  wrested  from  the  enemy,  or  it  would 
always  be  a  place  of  the  greatest  possible  annoyance  to  the 
eastern  colonists  and  to  the  New  England  fishermen.  Gov- 
ernor Shirley  had  learned  of  the  strength  and  situation  of 
the  place  from  the  English  prisoners  who  had  been  taken 
at  Canseau  and  retained  some  time  at  Louisbourg  before 
being  exchanged  and  sent  to  Boston.  He  associated  with 
himself  William  Vaughan,  Esq.,  of  Damariscotta,  a  son  of 
Lieutenant-Governor  Vaughan,  of  New  Hampshire,  and 
they  by  careful  inquiry  and  close  investigation  made  them- 
selves fully  acquainted  with  the  situation  and  strength  of  the 
place.  Vaughan  was  largely  engaged  in  the  eastern  fish- 
eries, and  from  those  employed  in  that  business  he  gathered 
many  valuable  flicts.  The  plan  being  laid  before  the  Gen- 
eral Court  in  the  winter  was  at  first  rejected,  but  was  recon- 


WAK  BETWEEN  FRANCE  AND  ENGLAND. 


sidered  on  the  26th,  and  carried  by  a  majority  of  one  vote. 
No  sooner  was  the  vote  carried  than  there  appeared  through- 
out the  province  an  uncommon  degree  of  unanimity  and 
zeal  in  the  enterprise. 

Louisbourg  was  situated  in  the  southeastern  part  of  the 
island  of  Cape  Breton,  about  twenty  leagues  southeast  from 
Canseau,  on  the  opposite  side  of  the  strait.  The  entrance 
to  it  was  a  fine  harbor  of  nine  to  twelve  fathoms  of  water. 
The  exterior  of  the  town  was  two  miles  and  a  half  in  cir- 
cumference. It  was  fortified  on  the  southwesterly  side  by 
a  rampart  of  stone,  from  thirty  to  thirty-six  feet  in  height, 
and  a  ditch  eighty  feet  wide.  On  the  southeasterly  side, 
along  a  space  of  two  hundred  yards,  it  was  secured  by  a 
dyke  and  a  line  of  pickets,  where  the  opposite  water  was 
shallow  and  bordered  by  rocky  cliffs,  which  rendered  the 
place  inaccessible  to  shipping.  Its  fortifications  were  very 
strong,  there  being  six  bastions  and  eight  batteries,  with 
embrasures  for  one  hundred  and  forty-eight  guns  (forty-five 
mounted)  and  sixteen  mortars.  On  the  island  at  the  en- 
trance of  the  harbor  was  planted  a  battery  of  thirty  guns, 
carrying  twenty-eight-pound  shot,  and  in  front  of  the 
entrance,  four  thousand  eight  hundred  feet  from  the  island 
battery,  was  the  royal  battery  of  twenty-eight  forty-two- 
pounders  and  two  eighteen-pounders ;  and  on  a  high  cliff, 
opposite  the  battery,  stood  the  light-house.  The  entrance 
to  the  city  from  the  country  was  at  the  west  gate,  over  a 
draw-bridge,  near  to  a  circular  battery  mounting  sixteen 
guns  of  fourteen-pound  shot.  The  streets  of  the  town, 
which  were  wide,  crossed  each  other  at  right  angles,  and 
the  houses  were  well  built.  In  the  centre  of  the  chief 
bastion,  on  the  west  side  of  the  town,  was  a  large  stone 
building  called  the  citadel,  within  which  were  the  apart- 
ments of  the  Governor,  soldiers'  baiTacks,  arsenal,  and 
magazine,  richly  furnished  with  military  stores.  The 
French  had  been  engaged  in  building  and  fortifying  the 
place  twenty-five  years,  and  it  had  cost  the  crown  thirty 
millions  of  livres.  The  conception  of  taking  such  a  place 
by  surprise  was  certainly  a  bold  one,  and  was  regarded  by 
many  as  a  wild  and  visionary  scheme.  Still  every  circum- 
stance .seemed  to  favor  it,  and  no  movement  during  any  of 
the  wars  was  entered  into  with  so  much  ardor  and  enthu- 
siasm. 

Governor  Shirley,  in  preparing  for  the  expedition,  se- 
lected his  chief  commanding  officers  from  Maine.  Captain 
Edward  Tyng,  of  Falmouth,  was  made  commodore  of  the 
fleet.  He  was  a  brave  and  skillful  seaman.  During  the 
preceding  summer,  while  cruising  in  the  eastern  waters,  he 
had  captured  a  French  privateer  and  taken  his  prize,  to- 
gether with  the  officers  and  crew,  to  Boston,  a  feat  which 
gained  him  great  applause,  and  made  him  the  recipient  of  a 
silver  cup,  presented  by  the  merchants  of  Boston,  in  token 
of  their  appreciation  of  his  meritorious  conduct.  The  se- 
lection of  a  chief  commander  was  a  matter  of  great  moment. 
It  was  necessary  to  choose  one  whose  character  and  abilities 
would  insure  popular  confidence  of  success,  and  the  choice 
fell  on  William  Pepperell,  Esq.,  of  Kittery,  then  colonel  of 
the  western  regiment  of  the  York  County  militia.  His 
new  commission  gave  him  the  rank  of  lieutenant-general. 
He  was  a  merchant  of  unblemished  reputation  and  engaging 
manners,  extensively  known  and  highly  popular  throughout 


Massachusetts,  New  Hampshire,  and  Maine.  The  second 
in  command  was  Samuel  Waldo,  Esq.,  who  was  commis- 
.sioned  with  the  rank  of  brigadier-general.  He  was  a  native 
of  Boston,  son  of  Jonathan  Waldo,  a  rich  merchant  of  that 
city,  and  extensively  interested  in  the  Muscongus  patent. 
At  that  time  Mr.  Waldo  was  colonel-commandant  of  the 
eastern  regiment  of  York  County,  and  the  representative  of 
Falmouth  in  the  General  Court.  He  was  in  the  prime  of 
life,  a  man  of  excellent  understanding  and  great  activity. 
The  colonels  in  the  Maine  and  Massachusetts  troops  were 
Moulton,  Hale,  Willard,  Richmond,  Gorham,  and  Dwight. 
Jeremiah  Moulton,  the  third  in  command,  was  a  native  in- 
habitant of  York,  at  that  time  a  member  of  the  Provincial 
Council,  a  judge  of  the  Common  Pleas,  and  county  treas- 
urer of  York  Coui.ty.  He  had  been  in  the  public  service, 
was  acquainted  with  Indian  warfare,  and  had  acquired 
much  credit  in  taking  Norridgewock  during  the  last  war. 
Gorham  had  charge  of  the  whale-boats,  and  Gridley  com- 
manded the  train  of  artillery.  Mr.  Vaughan  was  given  a 
lieutenant's  commission,  without  any  particular  command, 
he  preferring  the  trust  of  such  special  duties  as  the  com- 
mander-in-chief might  consider  his  adventurous  genius  best 
suited  to  perform. 

In  less  than  two  months  from  the  day  the  General  Court 
resolved  to  undertake  the  expedition,  an  army  of  four  thou- 
sand men  was  prepared  to  embark,  and  a  naval  squadron, 
consisting  of  thirteen  vessels,  besides  transports  and  store- 
ships,  carrying  about  two  hundred  guns,  was  ready  to  sail. 
Pepperell  received  his  instructions  from  Shirley,  March  19th, 
and  on  the  24th,  at  the  head  of  his  armament,  put  to  sea 
at  Nantasket.  He  was  directed  to  proceed  to  Canseau, 
there  build  a  battery  and  block-house,  deposit  his  stores, 
and  leave  two  companies  to  guard  them.  Thence  they 
were  to  operate  against  Louisbourg,  take  the  place  by  sur- 
prise, if  practicable  ;  otherwise  reduce  it  by  siege.  Every- 
thing was  propitious  ;  the  weather  fair  and  beautiful ;  and 
all  circumstances  seeming  to  concur  to  crown  the  efforts  of 
the  adventurers  with  success. 

We  have  not  space  to  enter  into  the  details  of  the  siege. 
Suffice  it  to  say,  it  was  pushed  with  all  energy  and  per- 
sistence, and  on  the  15th  of  June  the  French  .surrendered. 
In  the  capitulation  sixty-five  veteran  troops,  thirteen  hun- 
dred and  ten  militia,  the  crew  of  the  "  Vigilant,"  and 
two  thousand  of  the  inhabitants  (there  being  four  thousand 
one  hundred  and  thirty  in  all)  engaged  not  to  bear  arms 
against  Great  Britain  or  her  allies  for  twelve  months,  and, 
embarking  on  board  of  fourteen  cartel  ships,  were  trans- 
ported to  Rochfort,  in  France.  The  loss  of  the  provincials 
was  one  hundred  and  thirty  men  ;  that  of  the  French,  three 
hundred  killed  within  the  walls.  The  "  Prince  of  Orange," 
one  of  the  English  vessels,  was  sunk  in  a  storm,  and  her 
crew  drowned.  The  weather,  which  during  the  last  forty 
days  of  the  siege  had  been  remarkably  fine,  now  changed, 
and  an  incessant  rain  of  ten  days  succeeded.  Had  this 
happened  before  the  surrender,  hundreds  then  sick  of  the 
dysentery  must  have  fallen  victims  to  the  disease. 

The  news  of  this  splendid  victory  filled  America  with 
joy  and  Europe  with  astonishment.  It  was  celebrated  in 
the  New  England  towns  by  the  ringing  of  bells,  bonfires, 
and  festivities,  and  July  13th  by  a  public  thanksgiving. 


64 


HISTORY  OP   YORK   COUNTY,  MAINE. 


Gen.  Pepperell,  for  this  splendid  achievement,  was  made 
a  baronet  by  the  crown,  and  was  ever  afterwards  known  as 
Sir  William  Pepperell.  Com.  Warren,  who  joined  the  ex- 
pedition from  the  West  Indies,  was  made  admiral.  The 
expense  of  the  expedition  was  paid  by  Parliament  about 
four  years  later,  and  two  hundred  thousand  pounds  sterling 
was  shipped  to  New  England  for  that  purpose.* 

The  following  letter,  written  by  Sir  William  Pepperell  to 
Judge  Hill,  of  Berwick,  on  the  eve  of  the  expedition,  will 
be  read  with  interest.  It  is  copied  from  the  original,  now 
in  a  good  state  of  preservation,  in  possession  of  N.  J.  Her- 
rick,  Esq.,  of  Alfred.  The  letter,  as  will  be  seen,  was 
written  one  hundred  and  thirty-six  years  ago,  just  previous 
to  his  departure  on  the  famous  Louisbourg  expedition,  in 
which  he  achieved  the  highest  distinction  as  a  military  com- 
mander : 

"  KiTTERV,  February  21st,  1744. 

"  Dear  Se,— The  day  Last  past  I  heard  that  Capt.  Butler  had  En- 
listed in  Berwick  his  fifty  brave  Sold'rs;  this  news  was  Like  a  Cordial 
to  me  to  heare  that  Berwick,  Brother  to  Kittery,  my  own  native 
Town,  had  such  a  brave  English  Spirit.  I  received  Last  night  a 
Letter  from  Yr  Honorable  Committee  of  Warr  who  write  that  they 
tho.t  there  was  upon  our  making  up  live  or  six  companys  of  our  brave 
County  of  York  men  Ye  full  number  that  was  propo'd  are  Enlis'd  & 
more  so  that  there  will  be  a  number  Clear'd  oif,  but  you  may  assure 
Your  Selfe  that  our  brave  County  of  York  men  Shall  not  be  Clear'd 
oif  without  they  desire  it. 

"  Speake  to  Capt.  Butler  to  hasten  down  here,  for  I  have  some  En- 
listing money  sent  me  for  him.  I  am  sorry  that  some  of  your  Com- 
mission officers  in  Y'our  Town  Seem  to  be  uneasy  because  they  had 
not  had  Ye  offer  of  a  Commission  in  this  Expedition  ;  I  understod 
you  Spoke  to  them  ;  did  they  E.xpect  that  at  this  time  I  should  have 
wait'd  on  them,  I  think  if  they  had  Ye  Least  inclination  to  have  gone 
I  think  it  was  there  Duty  they  owed  to  God  their  King  Sc  Country  to 
come  i  ofter  their  Selves. 

"  My  Love  to  Yr  Lady  &  all  inquiring  Friends. 
"  I  am  your  Alfectionate 

■•  Friend  &  Serv't, 

'•■  Wm.  Peppereli.. 

"  I  don't  doubt  in  Ye  Least  but  the  Commission  Officers  in  Berwick 
are  Brave,  good  men  as  any  in  this  Province,  and  would  willingly 
Venture  their  Lives  with  their  Collo,  and  I  believe  that  nothing  would 
now  hinder  them  but  their  business  in  going  on  Y'e  intend'd  B.tpedi- 
tion,  therefore  I  excuse  them  willingly ;  please  to  tell  them  all  I  Sin- 
cerely Value  and  Love  them,  &  that  if  there  should  be  occation  for 
forces  to  be  Sent  after  us  I  don't  doubt  in  Y'e  Least  but  they  will  be 
I  begg  all  their  prayers. 


eddy  I 


'Dear  Brother 


vish  1 


'OnHisMajs'tys  Service 

'  To  the  Honorable  John  Hill,  Es<^v  Att  Be 


■  W.  P. 


The  Penobscot  Indians  having  failed  to  comply  with  the 
requisition  made  upon  them  for  their  quota  of  fightin" 
men,  war  was  declared  against  them  in  August,  1745,  and 
a  high  premium  offered  for  scalps.  The  subtle  and  vindic- 
tive enemy,  being  now  let  loose  from  all  restraint,  started 
up  from  their  swamps  and  morasses,  harassing  the  whole 
line  of  settlements,  and  committing  depredations  upon  the 
undefended  plantations.  Two  companies  were  employed  as 
scouts  between  Saco  and  Brunswick,  who  were  unable  to 
find  the  Indians  collected  in  any  force ;  but  individuals  and 
small  parties  would  make  .sudden  onsets  for  reprisal  or 
revenge,  and  as  suddenly  disappear.  In  August  a  party 
was  discovered  in  Gorhaiu,  which  was  then  a  frontier  post, 
containing  only  a  few  settlers,  and  in  September  some 
*  2  Williamson,  p.  233. 


scattered  Indians  were  traced  in  the  neighborhood  of  Fal- 
mouth ;  one  was  fired  upon  at  Long  Creek,  and  a  few  days 
after  a  son  of  Col.  Gushing,  of  Purpooduck,  was  killed  by 
them.  Four  companies  were  raised  in  Falmouth  and  the 
neighboring  towns,  in  September,  to  go  in  quest  of  them. 
They  were  all,  however,  unsuccessful,  for  scarcely  had  the 
presence  of  an  enemy  created  an  alarm  upon  the  whole 
frontier  than  they  suddenly  retired  far  beyond  the  reach 
of  observation.  They  were  seen  no  more  in  that  direction 
during  the  year,  but  in  the  spring  of  1746  they  came  in 
stronger  force,  and  hung  around  the  vicinity  the  whole 
season.  On  the  19th  of  April  ten  of  them  appeared  at 
Gorham,  where  they  killed  Mr.  Bryant  and  his  four  chil- 
dren, and  killed  or  carried  away  his  wife  and  several  other 
persons.  In  June  they  attacked  the  family  of  Wescott, 
on  Long  Creek,  killed  and  scalped  two  men,  and  took  their 
clothes  and  guns.  This  was  done  by  seven  Indians,  when 
there  were  twenty-five  soldiers  almost  within  gunshot  of 
the  place.  A  day  or  two  later  an  Indian  was  fired  upon 
from  Mr.  Frost's  garrison  at  Stroudwater,  and  five  days 
after  another  was  seen  lurking  not  far  from  that  place. 
They  hovered  around  the  towns  all  summer,  seeking  an 
opportunity  to  plunder  or  destroy  life.  In  August  one 
of  Mr.  Proctor's  family  and  two  others  were  killed  at 
Falmouth,  where  about  thirty  Indians  were  discovered. 
Philip  Greeley  and  others  were  killed  at  North  Yarmouth. 
In  Scarborough,  Mr.  Hunnewell,  while  mowing  in  his 
field,  had  his  gun  stolen  at  the  other  end  of  the  swath  by 
a  lurking  Indian.  He  mowed  his  return-swath  without 
appearing  to  notice  the  movement  of  the  savage,  and  as  he 
came  to  the  bank  behind  which  the  Indian  was  concealed, 
leaped  over  with  an  astounding  yell,  and,  as  the  savage 
rose  from  his  hiding-place,  cleft  his  body  in  two  with  the 
scythe.  Other  comrades  were  seen  not  far  off,  whose 
movements  indicated  that  they  were  about  to  join  in  the 
fight,  when  Hunnewell  brandished  his  weapon  at  them  in 
such  a  defiant  manner  that  they  fled,  not  daring  to  ap- 
proach him. 

In  the  summer  of  1746  additional  men  were  distributed 
among  the  garrisons  at  Saco,  Brunswick,  and  St.  George's. 
The  attacks  of  the  Indians  were  chiefly  upon  the  eastern 
settlements, — Georgetown,  Broad  Bay  Plantation,  Pema- 
quid,  Sheepscot,  and  Wiscasset, — all  of  which  suffered  more 
or  less  in  the  loss  of  lives,  property,  and  prisoners. 

In  September  the  whole  country  was  thrown  into  the 
utmost  consternation  by  the  arrival  of  a  large  fleet  and  army 
at  Nova  Scotia,  from  France,  under  the  command  of  the 
Duke  D'Anville,  a  French  nobleman  of  great  experience 
and  ability.  The  fleet  was  the  most  powerful  ever  sent  to 
North  America.  A  force  of  seventeen  hundred  men  from 
Canada,  consisting  of  regular  troops,  militia,  volunteers, 
and  savages,  was  in  readiness  to  join  the  fleet,  but  on  ac- 
count of  its  delay  they  had  started  on  their  homeward 
march,  and  a  messenger  reached  them  in  time  to  secure  the 
return  of  only  four  hundred.  This  force  was  designed  for 
the  destruction  of  the  chief  settlements  in  New  England. 
But  on  their  way,  and  after  their  arrival  in  Nova  Scotia, 
they  met  with  great  misfortunes.  The  duke  died  on  the 
fourth  day  after  their  arrival ;  the  vice-admiral,  in  a  delir- 
ium of  fever,  fell  upon  his  own  sword ;  an  epidemic  fever 


CONQUEST   OF  NEW   FRANCEl. 


of  a  very  fatal  type  broke  out  auioiif;  the  luen,  so  that 
eleven  hundred  and  thirty  of  the  troops  died  after  encamp- 
ment; and  the  Indians,  flocking  thither  in  great  numbers 
for  arms,  ammunition,  and  clothing,  took  the  fatal  disease, 
which  preyed  upon  them  till  it  carried  off  more  than  a  third 
of  the  whole  Michmack  race,  and  extended  to  the  tribe  on 
the  river  St.  John.  On  the  13th  of  October  part  of  the 
fleet,  consisting  of  forty  sail,  left  Chebucto  for  Annapolis, 
but  being  overtaken  in  a  violent  storm  ofi'  Cape  Sable  they 
were  so  shattered  that  they  returned  singly  to  France. 

This  was  regarded  by  the  people  of  New  England  as  a 
most  signal  providential  deliverance.  "  Never,"  says  an 
able  and  pious  writer,  "  was  the  hand  of  Divine  Providence 
more  visible  than  on  this  occasion." 

In  the  spring  of  1747  a  premium  of  two  hundred  and 
fifty  pounds  was  offered  for  every  Indian's  scalp  taken  west 
of  Passamaquoddy,  and  one  hundred  pounds  for  every  one 
taken  elsewhere.*  The  first  appearance  of  the  Indians  this 
spring  was  at  Scarborough,  where  they  killed  young  Dresser, 
April  13th.  The  next  day,  at  Saccarappa,  they  took  Wm. 
Knight  and  his  two  sons  prisoners.  Within  a  week  Mr. 
Elliot  and  his  son  were  slain,  and  Mr.  Marsh  carried  into 
captivity.  A  body  of  fifty  Indians  entered  Falmouth  on 
the  21st,  and,  after  slaughtering  several  cattle,  fell  upon  the 
family  of  Mr.  Frost,  whom  they  dispatched  while  defending 
his  family  with  great  bravery,  and  carried  captive  his  wife 
and  six  children.  By  the  1st  of  May  the  whole  frontier, 
from  Wells  to  Topshani,  appeared  to  be  infested  by  swarms 
of  savages.  Aware,  probably,  that  there  were  no  soldiers 
in  this  section,  except  Capt.  Jordan's  company  at  Topsham, 
the  eastern  portion  being  better  defended,  they  chose  this 
ground  for  their  ravages  and  reprisals.  Near  Falmouth 
they  killed  two  women  ;  at  New  Meadows,  Mr.  Hinkley ; 
at  Scarborough  they  fired  upon  an  inhabitant ;  and  at  Wells 
they  chased  a  man  into  the  heart  of  the  town.  A  party  of 
some  thirty  entered  Windham,  probably  with  the  intent  to 
take  captive  every  one  of  the  settlers.  By  making  an  at- 
tack upon  Bolton  and  young  Mayberry,  they  probably 
thwarted  their  plan,  for  the  report  of  the  guns  gave  the 
people  sufficient  notice  to  secure  themselves  in  the  garrison. 
These  were  the  last  depredations  committed  in  this  por- 
tion of  Maine  prior  to  the  peace  of  Aix-la-Chapelle,  con- 
cluded Oct.  7,  17-18.  In  June  following  the  sagamores 
visited  Boston  to  make  terms  of  peace  with  the  colonists. 
The  time  of  the  treaty  was  set  for  the  last  days  in  Septem- 
ber, and  was  appointed  to  be  held  at  Falmouth.  Accord- 
ingly, Sir  William  Pepperell,  Thomas  Hutchinson,  John 
Choate,  Israel  Williams,  and  James  Otis,  commissioners, 
accompanied  by  a  guard  of  fifty  York  County  militia,  re- 
paired to  Falmouth,  September  28th,  where  they  waited 
till  October  14th  before  a  single  Indian  appeared,  the 
French  having  been  instrumental  in  keeping  them  back 
from  the  treaty.  However,  a  considerable  number  arrived 
on  that  day,  and  the  council  was  opened  in  the  meeting- 
house of  the  First  Parish.  On  the  16th  the  parties  con- 
cluded and  signed  the  treaty.  They  agreed  to  discontinue 
all  hostilities,  deliver  up  the  captives  without  ransom,  and 
never  again  molest  the  English  settlements. 


By  the  treaty  of  Aix-la-Chapelle,  each  crown  surrendered 
to  the  other  all  territorial  conquests,  and  therefore  the 
Island  of  Cape  Breton  again  passed  into  the  possession  of 
the  French. 


^6  Mass.  C.  Rec,  p.  312. 


CHAPTER   XVIII. 

CONQUEST    OF    NEW    FRANCE. 

E,\tent  uf  the  French  Claims— Their  Piinciijal  Fortifications— Differ- 
ence between  the  French  anil  English  Colonists — Forts  and  lilock- 
Houscs  in  Maine— Conquest  of  Nova  Scotia— Removal  of  the  Aca- 
diaus — Recapture  of  Louisbourg — Reduction  of  Niagara — Ticon- 
deroga— Crown  Point— Fall  of  Quebec- Destruction  of  St.  Franfois 
—Peace  of  the  Colonies. 

Although  there  had  been  five  consecutive  Indian  wars 
within  a  period  of  eighty  years,  which  had  greatly  reduced 
the  strength  of  the  savages  throughout  most  of  New  Eng- 
land, there  were  still  several  powerful  tribes  in  the  eastern 
part  of  Maine,  in  Canada,  and  Nova  Scotia,  which  con- 
tinued troublesome  so  long  as  the  French  had  any  posses- 
sions on  this  side  of  the  Atlantic.  Happily  for  the  peace 
and  rest  of  the  colonies,  the  time  for  the  overthrow  of  their 
power  was  now  rapidly  approaching.  The  French  had  been 
very  aggressive  within  the  last  few  years ;  they  not  only 
claimed  Canada,  Nova  Scotia,  and  the  part  of  Maine  east- 
ward of  the  Penobscot,  but  the  whole  valley  of  the  Missis- 
sippi, Ohio,  and  Michigan,  and  a  large  portion  of  Northern 
and  Western  New  York.  At  the  outbreak  of  the  war  in 
1754  they  had  taken  military  possession  of  a  large  part  of 
this  territory,  and  had  the  alliance  of  all  the  Indian  tribes 
within  its  borders,  except  those  conquered  and  under  treaty 
with  Massachusetts,  New  Hampshire,  and  Maine,  and  the 
Six  Nations  of  New  York,  whose  powerful  aid  was  given  to 
the  English  in  the  war. 

The  French  had  forts  at  this  time  at  Louisbourg,  in  Cape 
Breton  ;  at  Beau  Sejour  and  Cape  Verte,  in  Nova  Scotia ; 
two  on  the  river  St.  John,  built  three  years  since ;  a  strong 
fortress  at  Ticouderoga,  on  the  isthmus  between  Lake 
George  and  Lake  Champlain  ;  Fort  Frederic,  at  Crown 
Point,  on  the  western  side  of  the  last-mentioned  lake  ;  Fort 
Frontenac,  north  of  the  outlet  of  Lake  Ontario ;  Fort 
Ontario,  at  Oswego  River,  on  the  southwest  margin  of  the 
same  lake  ;  Fort  Niagara,  just  below  Niagara  Falls,  on  the 
southwest  side ;  Fort  Pontchartrain,  at  Detroit ;  Fort  Du 
Quesne,  at  the  head  of  the  Ohio  River,  now  Pittsburgh  ; 
Fort  St.  Vincent,  at  Vincennes,  Ind. ;  Fort  Gratiot,  at  the 
I  foot  of  Lake  Huron,  in  Michigan  ;  a  strong  fort  at  Macki- 
naw ;  besides  fortifications  at  Green  Bay,  Portage,  and 
Prairie  du  Chien,  Wis.,  and  others  at  various  points  along 
the  Mississippi  and  on  Mobile  Bay.  Thus  they  had  spread 
themselves  by  the  interior  watercourses  across  the  entire 
continent,  following  the  St.  Lawrence  to  the  great  lakes  of 
the  Northwest,  and  thence  to  the  Mississippi,  and  down 
that  river  to  its  confluence  with  the  Gulf  of  Mexico.  New 
France  had  thus  the  dimensions  of  a  vast  colonial  empire, 
five  thousand  miles  in  length,  extending  from  the  Gulf  of 
St.  Lawrence  to  the  tropics,  embracing  the  largest  rivers 
and  lakes  on  the  continent,  and  the  richest  lands  of  the 
Western  Hemisphere.     It  was  too  large  for   the  best  re- 


HISTORY   OF   YORK   COUNTY,  MAINE. 


sources  of  France  herself  to  defend  against  a  hardy  and 
energetic  race  of  Anglo-Saxons,  who,  although  they  moved 
more  slowly,  built  more  securely  the  foundations  of  per- 
manent and  enduring  society.  The  EngHsh  colonists  sub- 
dued the  forests,  made  homes  for  themselves  and  their 
children,  developed  the  resources  of  the  soil,  encouraged 
commerce  and  manufactures,  built  school-houses  and 
churches,  and  laid  the  foundation  of  civil  and  re%ious  in- 
stitutions, for  the  conservation  of  liberty,  justice,  and  social 
and  moral  order  among  the  people.  This  Anglo-Saxon 
energy  and  genius  for  the  organization  of  stable  institu- 
tions, which  has  made  the  descendants  of  the  colonists  the 
masters  of  North  America,  was  more  than  a  match  for  the 
French  even  in  its  cradle,  and  after  a  brief  struggle  the 
power  and  pretensions  of  the  latter  crumbled  before  it,  and 
sank  into  utter  decay  and  insignificance. 

The  part  taken  in  this  struggle  by  tlie  people  of  Maine, 
and  particularly  those  of  York  County,  makes  it  imperative 
that  we  should  attempt  at  least  an  outline  sketch  of  the 
war. 

In  175-i,  when  the  war  commenced,  there  was  a  line  of 
forts  and  block-houses  in  Maine  extending  along  the  fron- 
tier from  Salmon  Falls  to  St.  George's  River.  At  Ber- 
wick, within  two  or  three  miles  above  Quampeagan  landing, 
were  several  strongly  fortified  houses,  known  as  Gerrish's, 
Key's,  Wentworth's,  and  Goodwin's  garrisons.  There  was 
also  a  picketed  fort  on  the  height  of  land  at  Pine  Hill, 
formed  of  logs  set  in  the  ground,  about  twenty  feet  in 
height,  and  sharpened  at  the  upper  ends.  Similar  fortifi- 
cations and  block-houses  constructed  of  hewn  timber,  in- 
closed by  palisades  or  other  works  of  defense,  were  estab- 
lished in  every  frontier  township  or  plantation  in  Maine 
and  Sagadahock.  The  soldiers  who  kept  these  garrisons 
and  the  settlers  who  resorted  to  them  in  every  emergency 
or  alarm  were  at  all  times  armed,  whether  they  went  to 
public  worship,  to  labor,  or  on  business.  The  moment  a 
lurking  savage  was  discovered,  means  were  used  to  commu- 
nicate notice  to  the  nearest  block-house  or  garrison,  when 
an  alarm-gun  was  fired,  and  all  the  scattered  people  fled 
within  the  gates.  If  there  were  no  large  guns  or  swivels, 
three  muskets  were  fired  in  succession  at  short  intervals. 
Trained  dogs  were  also  used  to  scent  out  the  footsteps  of 
the  lurking  foe,  detect  skulking  parties  en  route,  or  frus- 
trate ambuscades.  The  habits  of  the  Indians  were  pretty 
well  understood  by  the  settler,  though  such  was  often  their 
devilish  ingenuity  that  they  would  decoy  the  most  wary 
into  ambuscades  and  traps.  For  example,  they  would 
sometimes  detach  the  bell  from  the  cow  or  the  ox,  and  by 
making  with  it  its  usual  sound,  as  if  the  animal  were  feed- 
ing or  browsing,  direct  the  steps  of  the  hunter  after  his 
herd  to  the  spot,  and  shoot  him  as  lie  approached,  uncon- 
scious of  the  lurking  foe.  In  such  a  state  thousands  of 
people  lived  during  the  war,  being  actually  afraid  to  milk 
their  cows  in  yards  near  the  garrisons  for  fear  of  being  shot 
by  the  Indians. 

The  war  was  carried  on  by  the  united  forces  of  the  Eng- 
lish and  the  colonists.  Early  in  1755  four  expeditions 
were  undertaken  against  the  French  ibrts.  Braddock  was 
sent  against  Du  Quesne,  and  was  defeated  in  July.  Sir 
William   Johnson  marched  against  Crown  Point  with  six 


hundred  provincials,  and  won  a  brilliant  victory  in  the 
vicinity  of  that  fort.  Governor  Shirley  and  Sir  William 
Pepperell  proceeded  against  Niagara  and  Fort  Frontenae 
without  success.  In  the  midst  of  these  expeditions  two 
large  French  ships,  belonging  to  a  fleet  which  had  just 
arrived  from  the  harbor  of  Brest,  were  taken  by  the  Eng- 
lish, the  balance  of  the  fleet  escaping  and  making  its  way 
up  the  St.  Lawrence. 

A  force  was  raised  at  this  time  for  the  conquest  of  Nova 
Scotia.  It  consisted  chiefly  of  two  thousand  men,  raised  in 
Massachusetts  and  Maine.  They  had  like  pay  and  treat- 
ment in  every  respect  as  the  regular  soldiers.  Governor 
Shirley  had  chief  command,  with  the  rank  of  colonel,  and 
John  Winslow  was  lieutenant-colonel,  upon  whom  the  im- 
mediate command  of  the  whole  force  devolved.  They,  with 
two  hundred  and  seventy  regulars,  and  a  fleet  of  forty-one 
vessels,  under  command  of  Col.  Monkton,  reduced  Nova 
Scotia,  and  early  in  1755  effected  the  removal  of  the  Aea- 
dians  or  French  neutrals,  whose  melancholy  fate  is  well 
known  to  the  reader  of  history,  and  forms  one  of  the  saddest 
chapters  in  the  events  of  those  times. 

During  this  year  the  Indians  were  exceedingly  trouble- 
some, plundering  and  killing  in  small  parties,  in  the  most 
defenseless  settlements.  They  committed  depredations  and 
murders  in  Gray,  Dresden,  Newcastle,  North  Yarmouth, 
and  New  Gloucester.  June  10th  additional  supplies  were 
sent  to  the  eastern  garri.sons.  On  the  11th,  war  was  de- 
clared against  the  eastern  tribes, — all  except  the  Penobscots. 
Companies  of  volunteers  consisting  of  not  less  than  thirty 
men  were  entitled  to  receive  two  hundred  pounds  for  every 
Indian's  scalp,  and  two  hundred  and  fifty  pounds  for  each 
captive.  Individuals  performing  the  same  service  were  en- 
titled to  one  hundred  pounds  per  scalp,  and  one  hundred 
and  ten  pounds  per  captive.  But  this  species  of  warfare, 
although  in  self-defense,  was  not  desirable  by  the  eastern 
people.  They  preferred  a  place  in  Col.  Pepperell's  regi- 
ment, where  glory  as  well  as  wages  presented  motives  to 
military  ambition.  Since  the  capture  of  Louisbourg  in  the 
last  war,  there  was  manifested  among  the  young  soldiery  of 
Maine  a  glow  of  military  ardor. 

In  the  distribution  of  the  forces  for  the  protection  of  the 
frontiers,  fifty  were  placed  on  scout  from  Lebanon  to  Saco 
River ;  sixty  from  Saco  to  Gray,  by  the  way  of  Sebago  Pond 
and  New  Gloucester ;  ninety  from  Gray  to  Fort  Shirley,  at 
Frankfort ;  and  one  hundred  from  thence  to  St.  George's 
River.  These  arrangements  and  the  successes  in  Nova 
Scotia  overawed  the  Indians  for  a  short  time,  till  Capt. 
James  Cargill,  in  July,  falling  in  with  a  hunting-party  of 
Penobscot  Indians,  shot  down  twelve  of  them,  and  so  en- 
raged the  whole  tribe  that  conciliation  was  impossible,  and 
war  was  declared  against  them  on  the  5th  of  November. 

The  campaign  for  the  year  1756  was  settled  in  January, 
in  New  York,  by  a  council  of  the  colonial  governors,  Shir- 
ley being  at  that  time  commander-in-chief  of  the  American 
troops.  It  was  agreed  that  ten  thousand  men  proceed 
against  Crown  Point ;  six  thousand  against  Niagara ;  three 
thousand  against  Fort  Du  Quesne  ;  and  two  thousand  up 
the  Kennebec  River,  to  destroy  the  settlements  on  the 
Chaudifere,  and  by  ranging  to  the  mouth  of  that  river,  keep 
all  the  neighboring  parts  of  Canada  in  alarm.     In  the  win- 


CONQUEST  OF  NEW   FRANCE. 


67 


ter  and  spring  a  force  of  two  thousand  sis  hundred  men  was 
raised  in  Massachusetts  and  Maine,  and  put  under  conimand 
of  Maj.-Gen.  Winslow,  recalled  from  Nova  Scotia  to  take 
charge  of  them. 

In  June  the  king  of  Great  Britain  formally  declared  war 
against  France,  and  in  the  same  month  Gen.  Abercromhie, 
arriving  with  his  army,  took  the  chief  command  from  Gov- 
ernor Shirley,  who  retired,  and  was  subsequently  Governor 
of  the  Bahamas.  He  had  been  Governor  of  Massachusetts 
since  1740. 

In  March  three  hundred  recruits  were  divided  into  scout- 
ing-parties  for  the  continued  defense  of  the  settlements  in 
Maine,  according  to  the  plan  and  order  of  the  preceding 
year.  John  Wheelwright,  of  Wells,  was  commissary-gen- 
eral and  superintendent  of  Indian  trade,  and  was  instructed 
to  take  care  of  the  munitions,  to  see  that  the  forts  and  gar- 
risons were  in  a  defensible  condition,  and  to  procure  all  extra 
supplies  necessary  for  the  Kennebec  expedition. 

The  Indians  appear  this  year  to  have  marked  the  settle- 
ments from  Brunswick  to  Saoo  for  destruction.  But  by  a 
timely  warning  given  by  young  Knight,  who  escaped  from 
the  enemy  and  put  the  settlers  on  their  guard,  the  evil  was 
in  a  great  measure  averted.  Nevertheless  the  Indians  made 
considerable  havoc  at  North  Yarmouth,  Flying  Point,  Harps- 
well,  New  Gloucester,  and  Windham,  at  the  latter  place 
their  chief,  Poland,  being  killed  in  an  engagement  with 
several  men,  among  whom  Brown  and  Winship  were  vic- 
tims of  savage  slaughter.  Depredations  were  also  com- 
mitted farther  east,  and  coasting  vessels  plundered  while  at 
anchor. 

The  expeditions  planned  for  the  summer  resulted  un- 
favorably, except  that  against  Fort  Du  Quesne,  under  Gen. 
Forbes.  Ticonderoga  and  Crown  Point  were  not  reduced. 
The  expedition  against  Louisbourg  in  June,  1758,  proved  an- 
other brilliant  success  against  that  city  and  fortress.  About 
six  hundred  men  for  this  campaign  were  recruited  in  Maine, 
besides  three  hundred  raised  for  scout  and  garrison  duty. 
The  enterprise  received  the  popular  sanction  with  almost  as 
much  enthusiasm  as  in  the  last  war,  seven  thousand  men 
being  easily  raised  in  the  province.  Major-General  Am- 
herst, commander  of  the  regular  and  provincial  forces,  and 
Admiral  Boscawen,  with  fifty-seven  sail,  mostly  from  Eng- 
land, anchored  June  2d,  in  the  bay  opposite  the  city.  The 
French  garrison  consisted  of  two  thousand  five  hundred 
regular  troops,  three  hundred  militia,  and  sixty  or  seventy 
Indian  warriors.  The  English,  through  the  skillful  and 
successful  placing  of  the  batteries  by  Gen.  James  Wolfe, 
soon  gained  complete  command  of  the  harbor,  and  several 
large  breaches  being  made  in  the  works,  the  French  com- 
mander capitulated  July  26th.  The  inhabitants  of  the 
island  were  sent  to  France,  and  the  soldiers  and  mariners, 
five  thousand  six  hundred  and  thirty-seven,  sent  as  prisoners 
to  England. 

Events  hastened  to  a  glorious  conclusion  during  the  year 
1759.  Penobscot  was  taken  possession  of,  and  a  strong 
fort  erected  on  the  west  side  of  the  river,  about  a  league 
below  the  foot  of  Orphan  Island,  called  Fort  Pownal.  Gen. 
Waldo,  while  surveying  the  spot,  fell  instantly  dead  of  a 
stroke  of  apoplexy.  The  fort  was  garrisoned  by  one  hun- 
dred   men,   under   the   command   of   Brig.-Gen.   Jedediah 


Preble,  of  Falmouth.  It  was  the  most  completely-con- 
structed and  defensible  fort  in  the  province,  and  the  ex- 
penses of  building  it  were  reimbursed  by  Parliament. 

In  each  of  the  three  northern  campaigns  the  English 
and  provincial  arms  met  with  entire  success.  Niagara 
.surrendered,  July  25th,  to  Sir  William  Johnson,  Gen.  Pri- 
deaux  being  killed.  The  second  day  afterwards  Ticonderoga 
and  Crown  Point  were  reduced  by  Gen.  Amherst.  Before 
that  time  Gen.  Wolfe  had  commenced  the  famous  siege  of 
Quebec, — a  place  of  ten  thousand  souls,  and  more  strongly 
fortified  and  better  garrisoned  than  any  other  place  in 
America.  Scaling  the  heights,  deemed  inaccessible  to  hu- 
man skill,  in  a  single  night,  that  of  September  13th,  he 
commenced  the  attack  upon  the  city.  The  battle,  bloody 
and  desperate,  became  general  about  nine  in  the  morning, 
and  before  noon  the  victory  of  the  English  was  decisive. 
Wolfe  and  Montcalm,  the  two  opposing  generals,  were  both 
killed,  and  with  them  fell  sixteen  hundred  men,  the  loss  of 
the  French  being  about  twice  that  of  the  English.  On  the 
fifth  day  the  city  capitulated,  and,  being  reduced  to  the 
dominion  of  Great  Britain,  was  garrisoned  by  about  five 
thousand  soldiers. 

The  people  of  Maine  partook  largely  in  the  general  joy 
which  this  event  diffused  over  the  whole  country,  in  a  well- 
founded  hope  that  now  savage  warfare  and  scenes  of  blood 
would  cease  throughout  the  whole  land.  Every  great  re- 
verse of  fortune  experienced  by  the  French  had  a  baleful 
effect  upon  the  interest  and  affairs  of  the  northern  and  east- 
ern Indian  tribes.  Beaten  in  Nova  Scotia,  and  met  at  every 
avenue  in  their  late  hostile  attempts  upon  the  well-guarded 
frontiers  of  Blaine,  they  had  entered  the  camp  of  the  French 
to  help  them  fight  out  their  battles.  They  had  thus  changed 
the  mode  of  warfare  through  necessity.  Their  bloody  cru- 
elties and  devastations  in  the  outer  towns  and  plantations 
of  New  England  were  yet  by  no  means  effaced  from  recol- 
lection, and  a  day  of  retribution  had  arrived. 

St.  Francois,  a  village  which  had  through  a  period  of 
many  years  been  enriched  by  the  plunder  of  the  English 
frontiers  and  the  sale  of  captives, — the  nest  whence  had 
emanated  the  most  subtle  and  malignant  tools  of  the  French 
priesthood  and  authorities, — was  now  singled  out  for  its 
deserved  destruction.  On  the  13th  of  September,  Gen. 
Amherst  sent  Maj.  Rogers,  with  about  two  hundred  rangers, 
to  lay  the  place  in  ashes.  After  a  fatiguing  march  of 
twenty-one  days,  he  came  in  sight  of  the  village,  which  he 
discovered  from  the  top  of  a  tree.  Halting  his  men  at  a 
distance  of  three  miles,  he  rested  till  twilight.  In  the 
evening  he  entered  the  village  in  disguise,  with  two  of  his 
officers.  The  Indians  being  engaged  in  a  great  dance,  he 
passed  through  them  undiscovered.  Having  formed  his 
men  into  parties  and  posted  them  to  advantage,  he  made  a 
"eneral  assault,  October  4th,  just  before  day,  while  the  In- 
dians, ftitigued  by  exercise,  were  sound  asleep.  A  general 
slaughter  ensued.  Many  were  killed, — shot  and  thrust 
through,  falling  upon  the  spot;  others,  attempting  to  escape, 
were  pierced  or  shot  by  the  soldiers.  About  twenty  pris- 
oners were  taken,  and  five  English  captives  rescued  from 
the  horrid  fate  of  their  brethren,  whose  scalps,  torn  from 
their  heads  and  waving  from  the  tops  of  poles,  met  the  gaze 
of  the  assailants  as  daylight  revealed  the  sickening  scene. 


HISTORY  OF  YORK   COUNTY,  MAINE. 


Early  in  1760  the  Indians  began  to  sue  for  peace,  and 
treaties  were  made  with  the  St.  John,  Fassamaquoddy, 
and  Penobscot  tribes.  The  conquest  of  Canada  was  com- 
pleted by  the  surrender  of  Montreal  to  the  English,  Sept. 
8,  1760.  The  whole  acquisition  received  a  solemn  confir- 
mation at  the  close  of  the  war  by  the  sanction  of  a  treaty, 
which  was  succeeded  by  a  peace  to  the  frontiers  of  New 
England  firm  and  ending. 


CHAPTER    XIX. 

DIVISION    OP    THE    COUNTY. 

Extent  of  Yorkshire— Term  of  Court  extended  to  Falmouth— Act 
for  the  Erection  of  Cumberland  and  Lincoln— Boundaries  of  York 
— Location  of  the  Courts— Revision  of  the  Judiciary — Provincial 
Tax — Population  and  Valuation  of  the  County. 

Yorkshire  at  first  extended  from  the  Piscataqua  to  a 
little  east  of  the  Presumpscot  River,  in  what  is  now  the 
town  of  Falmouth,  Cumberland  County.  In  1716  the  Gen- 
eral Court  ordered  that  all  the  lands,  families,  and  settle- 
ments eastward  of  Sagadahock,  within  the  provincial  charter 
limits,  be  annexed  to  Yorkshire.  At  this  time  York  was 
made  the  shire-town  for  holding  all  the  courts  and  keeping 
the  registry  of  deeds.  Yorkshire  continued  to  embrace  an 
extent  of  territory  commensurate  with  the  present  geograph- 
ical limits  of  the  State  up  to  1760. 

As  early  as  1733  the  inconvenience  of  attending  court 
at  York  by  people  in  the  eastern  part  of  the  county  was  so 
severely  felt  that  the  towns  authorized  their  selectmen  to 
petition  the  General  Court  to  divide  the  county,  or  have 
terms  of  the  courts  held  farther  east.  It  was  in  consequence 
of  this  eflfort  that  a  term  of  the  Inferior  Court  and  of  the 
Court  of  General  Sessions  of  the  Peace  was  extended  to 
Falmouth  for  one  session  a  year  in  June,  1735.  The  first 
term  of  these  courts  was  held  in  Falmouth  in  October,  1736, 
by  Chief  Justice  William  Pepperell,  of  Kittery.  Roth 
courts  were  held  at  the  same  time  and  place.  The  judges 
were  Samuel  Came,  Timothy  Gerrish,  Joseph  Moody,  and 
Jeremiah  Moulton  ;  John  Leighton  was  sherifl'.  Falmouth 
thus  became  a  half-shire  town,  and  Yorkshire  assumed  the 
name  of  York  County.  In  1760  the  two  new  counties  of 
Cumberland  and  Lincoln  were  formed  from  the  eastern  por- 
tion. The  boundary  between  York  and  Cumberland  was 
made  to  run,  as  at  present,  northerly  of  Saco,  Buxton,  and 
Limington,  to  the  point  where  the  northwest  line  of  Stand- 
ish  intersects  the  Saco  River,  and  thence  north  two  degrees 
west,  on  a  true  course  to  the  most  northern  limits  of  the 
province.  In  1805  the  section  north  of  the  Great  Ossipee 
was  cut  off  to  form  a  part  of  Oxford  County  ;  since  which 
the  boundaries  of  this  once  great  jurisdiction  have  re- 
mained unchanged. 

The  Supreme  Judicial  Court  was  held  at  Wells  from 
1800  to  1802,  when  it  was  removed  to  Alfred.  At  the 
first  session  there  the  bench  was  occupied  by  Justices  Dana, 
Gushing,  and  Thacher.  The  Common  Pleas  sat  at  Bidde- 
ford  from  1790  to  1806,  and  at  Waterborough  from  1790 
to  1806,  in  which  latter  year  the  sessions  of  this  court  were 
to  Alfred.     The  latter  remained  exclusively  the 


shire-town  till  1860,  since  which  that  honor  has  been 
shared  by  Saco. 

The  Supreme  Judicial  Court  for  York  County  sits  at 
Saco  on  the  1st  Tuesday  in  January,  and  at  Alfred  on  the 
3d  Tuesdays  in  May  and  September.  The  Court  of  Pro- 
bate is  held  at  Saco  on  the  1st  Tuesdays  of  January  and 
February,  at  Biddeford  on  the  1st  Tuesdays  of  May  and 
July,  and  at  Alfred  on  the  1st  Tuesdays  of  the  other 
months. 

For  the  purposes  of  the  Law  Court,  York  County  is 
associated  with  Cumberland,  Oxford,  Androscoggin,  and 
Franklin  Counties,  forming  the  Western  Judicial  District, 
with  annual  term  at  Portland  in  July. 

In  1799  the  General  Court  divided  York  County  cross- 
wise along  the  Great  Ossipee,  forming  a  northern  district, 
with  Probate  Court  and  Registry  of  Deeds  at  Fryeburg. 
This  arrangement  continued  till  1805,  when  the  northern 
district  was  included  in  the  new  county  of  Oxford. 

In  1800,  in  order  to  dispatch  business  which  had  accu- 
mulated on  the  docket,  the  number  of  judges  of  the  Su- 
preme Court  was  increased  from  five  to  seven.  Terms 
were  holden  twice  each  year  in  all  the  counties  of  Maine 
except  Washington  and  Hancock,  and,  instead  of  all  the 
judges  being  required  to  be  present  in  the  adjudication  of 
causes,  any  three  could  hold  a  court,  and  sessions  might 
be  carried  on  at  the  same  time  in  different  counties.  The 
act  also  authorized  the  appointment  of  a  solicitor-general, 
with  a  salary  of  one  thousand  dollars  a  year.  The  com- 
monwealth was  divided  into  three  circuits. 

In  1805  the  judiciary  system  underwent  another  modifi- 
cation. The  number  of  judges  of  the  Supreme  Court  was 
reduced  again  to  five,  any  three  of  whom  constituted  a 
quorum  for  deciding  cases  of  law  in  the  spring  circuit,  and 
one  judge  alone  authorized  to  preside  in  all  jury  trials. 
This  introduction  of  the  nis-i  priiis  system  was  an  important 
improvement.  It  gave  an  opportunity  to  the  judges  to  con- 
sult authorities,  and  centered  the  responsibility  for  correct 
and  learned  decisions  in  one  individual,  whose  opinions  were 
subject  to  revision  upon  a  writ  of  exceptions  before  the 
whole  court  at  the  next  term.  With  this  improvement 
was  also  introduced  a  reporter  of  decisions,  Ephraim  Wil- 
liams, of  Deerfield,  being  the  first  to  fill  that  office. 

A  law  passed  March  9,  1804,  prescribed  to  the  bench  of 
Common  Pleas  a  chief  justice  and  two  associates,  instead  of 
four  judges,  as  previously ;  and  so  extended  their  jurisdic- 
tion as  to  embrace  all  matters  cognizable  by  the  Quarter 
Sessions  of  the  Peace,  except  what  related  to  jails  and  other 
county  buildings,  to  county  taxes  and  accounts,  and  to 
licenses  and  highways.  The  sessions  of  the  two  courts, 
which  had  previously  been  held  together,  were  thus  sepa- 
rated. This  was  the  first  essential  change  made  in  the  sub- 
ordinate courts  for  more  than  a  century,  or  from  their  first 
establishment  under  the  provincial  charter  of  1691. 

The  year  of  the  division  of  the  county  (1760)  was  sig- 
nalized by  the  accession  of  George  III.  to  the  throne  of 
Great  Britain.  A  provincial  tax  of  £1000  was  levied  in 
1761,  of  which  the  proportion  of  York  County  was  £38 
15s.  6d.  The  following  apportionment  exhibits  the  relative 
importance  of  the  towns  and  plantations  of  the  county  at 
that  time:    York,  £9  3s.  5d. ;    Kittery,  £9  10s.  8(^.3/. ; 


PERIOD  OF  THE   REVOLUTION. 


Berwick,  £7  10s.  9d.;  Wells,  £4  17s.;  Arundel,  £2  9s. 
10(^.  1/.;  Biddeford,  £4  lis.  lid.;  Narragansett  No.  1, 
or  Buxton,  lis.  10c?.  On  the  12th  of  March  the  same 
year,  two  shocks  of  earthquake  were  felt  at  fifteen  minutes 
past  two  A.M.,  producing  an  undulatory  motion  of  the  earth 
quite  perceptible  in  this  region.  The  importation  of  tea, 
coffee,  china-ware,  and  other  articles  into  the  province 
was  at  this  time  subject  to  excise  duty,  and  Nathaniel  Clark 
was  collector  for  York  County. 

A  census  taken  in  1764  showed  the  white  population  of 
York  County  to  be  11,14.5,  distributed  among  the  several 
towns  as  follows  :  York,  2277  ;  Kittery,  23'-58  ;  Wells,  1563  ; 
Berwick,  2374  ;  Arundel,  833  ;  Biddeford,  627  ;  Pepperell- 
boro'  (Saco),  538  ;  Lebanon,  200 ;  Philipstown  (Sanford), 
150;  Buxton,  225.  There  were  1734  families,  1281 
houses,  and  215  negroes. 

POPULATION  AND  VALUATION. 

TOWNS.                  1860.  1870.  Polls.  Estates.  PoUs.  Estates. 

Acton 1,218  1,008  265  $277,816  270  8327,189 

Alfred 1,2SC  1,224  307  381,024  297  427,140 

Berwick 2,155  2,291  408  483,447  431  641,329 

Biddeford 9,349  10,282  1,615  4,593,047  2,205  5,682,402 

Buxton 2,853  2,546  645  686,353  631  829,899 

Cornish 1,153  1,100  267  268,405  257  310,678 

Dayton 701  611  180  199,478  164  242,043 

Elliot 1,767  1,769  396  460,438  399  535,982 

Hollis I.li83  1,541  379  348,599  424  444,428 

Kenncliiiiil,       J.ilTa  2,603  637  1,659,902  610  1,5"7,.504 

KenTiriM                               ■  i-.s  2,372  629  890,229  622  901,431 

Kitlcr\ .'74  3,333  582  363,327  727  022,523 

LebaiMin                                 -In  1,953  460  489,674  396  521,575 

Linifii,  I,                              l.m  1,425  268  283,339  307  .392,6)7 

LimiTi-t    :i                           -.'"4  1,630  436  468,228  420  667,808 

Lyman I,.ii7  1,052  286  269,853  209  ,345,340 

NewfirM                              l,;lv  1,193  287  252,839  275  298,895 

North  l:   1     .                        l.l'.r.;  1,623  346  398,112  357  672,927 

Parsuii-lr  I  :                        .,1J,".  1,894  485  561,465  454  632,097 

Saco -.-'.i  5,755  1,173  2,991,564  1,349  3,116,374 

Shaid.-i^ii                            1.:?:;  1,087  318  216,372  271  251,118 

SanlonI -,J-1  2,397  526  447,061  626  660,.542 

South   r,ti"     ,.                   -.'.^i  2,510  501  676,387  532  818,022 

WaterLiujuui^h 1,S24  1,548  .586  286,440  388  364,270 

Wells 2,878  2,773  652  691,001  639  683,940 

York 2,825  2,654  614  702,218  614  771,776 

Isle  of  Shoals 25 

Total 62,107     60,174    13,038    819,136,618     13,834    822,442,875 


CHAPTER   XX. 

PEBIOD   OF  THE  EEVOLUTION. 

pirit  of  the  People  of  Maine — York  County  Congress — Resohitioni 
adopted  by  Towns — Excitement  at  the  Court  in  York — Benuncia 
tion  of  Tories — Committees  of  Correspondence  and  Safety — Dele 
gates  to  Provincial  Congress — Military  Service — Notable  Events  o 
the  Revolution  in  Maine. 


In  no  portion  of  the  colonies,  at  the  commencement  of 
the  war  for  independence,  was  the  spirit  of  liberty  and 
resistance  to  British  aggression  more  pronounced  than  in 
Maine.  The  long  discipline  which  the  inhabitants  had 
received  in  civil  affairs  and  in  war  with  the  French  and 
Indians,  had  prepared  them  to  meet  with  intelligence  and 
firmness  the  new  issues  involved  in  a  struggle  with  the 
mother-country.  That  struggle,  beginning  at  least  ten 
years  before  the  actual  conflict  of  arms,  during  which  the 
issues  between  the  colonies  and  Great  Britain  were  clearly 
defined,  and  the  principles  and  rights  of  free  government 
thoroughly  discussed  and  understood,  became  the  most 
valuable  school  for  the  training  of  a  people  who  were  after- 
wards to  exercise  the  privileges  of  self-government. 

The  spirit  of  these  preliminary  discussions  is  well  ex- 


pressed by  an  able  writer  in  a  London  magazine,  who,  upon 
reading  the  essays  and  resolves  of  that  period,  remarks, — 

"  There  is  such  just  and  cogent  reasoning,  and  such  a  spirit  of 
liberty  breathing  through  the  whole  of  the  American  productions 
upon  the  subject  of  civil  rights,  as  would  not  have  disgraced  ancient 
Greece  or  Rome  when  struggling  against  oppression." 

The  towns  of  York  County  held  meetings  at  an  early 
stage  of  the  conflict,  and  resolved  to  uphold  to  the  fullest 
extent  the  measures  taken  by  the  Provincial  Congress  to 
maintain  the  rights  and  liberties  of  the  colonies. 

The  "  York  County  Congress,"  so  called,  convened  at 
Wells  on  the  15th  and  16th  of  November,  1774.  This 
body  was  composed  of  delegates  from  the  several  towns  in 
the  county,  and  put  forth  the  following  declaration  and 
resolves : 

"His  Majesty's  loyal  subjects,  the  delegates  of  the  several  towns  of 
the  county  of  York,  deputed  to  meet  in  County  Congress,  held  at 
Wells  the  IGth  day  of  November,  1774,  truly  professing  ourselves 
liege  subjects  of  His  Majesty,  King  George  the  Third,  and  sincere 
friends  to  all  our  fellow-subjects  in  Britain  and  the  Colonies,  for  the 
necessary  defense  of  our  liberties  and  privileges  come  unto  the  following 
resolutions : 

■'  Reeolred,  That  tbe  people  have  the  right  to  tax  themselves,  and 
no  other  persons,  assemblies,  and  parliaments  have,  and  the  English 
iicts  to  ta.'c  them  are  unconstitutional. 

"  Resuloed,  That  all  civil  officers  in  this  county  ought  to  exercise 
their  powers  as  though  these  acts  had  not  been  passed;  that  venires 
for  jurors  ought  to  issue  and  be  obeyed  as  before. 

"  Resolved,  That  this  Congress  recommend  to  every  individual  to 
use  their  influence  for  peace. 

"  Whereas,  William  Pepperell,  baronet,  in  his  lifetime  honestly 
acquired  a  large  estate,  and  gave  the  highest  evidence  not  only  of 
being  a  sincere  friend  to  the  rights  of  man  in  general,  but  having  a 
fraternal  love  for  this  country  in  particular  :  and  whereas  his  son  Wil- 
liam, to  whom  his  estate  was  devised,  hath,  with  purpose  to  carry 
into  effect  acts  of  the  British  Parliament,  made  with  the  design  to 
enslave  the  free  and  loyal  people  of  the  continent,  accepted  and  now 
holds  a  seat  at  the  pretended  Board  of  Councilors  in  this  province, 
and  therefore  forfeited  confidence ;  it  is  recommended  to  the  people 
and  his  lessees  to  withdraw  all  connection,  commerce,  and  dealings 
with  him,  and  take  no  leases  of  his  farms  or  mills ;  and  if  anybody 
does  deal  with  him,  we  recommend  the  people  to  have  no  dealings 
or  intercourse  with  such  an  one. 

"Resolved,  That  the  thanks  of  this  county  are  due  to  the  worthy 
and  patriotic  members  of  the  Continental  Congress  for  their  noble  and 
faithful  exertions  in  the  cause  of  their  country. 

"William  Laighton,  Clerk." 

It  is  to  be  regretted  that  the  names  of  the  members  of 
this  Congress  have  not  been  preserved.  But,  no  doubt,  the 
body  was  composed  of  men  of  the  highest  standing  in  the 
county.  The  Congress  convened  at  Littlefield  tavern,  and 
the  bill  of  expenses,  including  considerable  "  brandy  punch," 
"  26  men's  dinners  at  lis.  'id.,''  "  23  men's  dinners  at  lis. 
3<?.,"  and  "  15  horses  at  lOrf.,"  is  among  the  interesting 
relics  of  the  meeting.* 

At  no  period  during  the  Revolutionary  war  was  the  popu- 
lar excitement  more  intense  than  at  this  time.  Men  were 
denounced  and  proscribed  not  as  comprehended  under  a 
general  class,  but  individually,  as  persons  with  whom  there 
should  be  no  intercourse.  There  was  no  charity  for  dis- 
senters, for  the  weak  or  irresolute,  much  less  for  those  who 
were  holding  offices  under  the  king,  or  were  suppressing 
their  patriotism  in  the  interests  of  commerce,  or  for  those 
who  were  timid  or  trembling  amidst  the  general  commotion 


;  Judge 


ory  of  AVells  and  Ke 


p.  471. 


70 


HISTORY  OF   YORK   COUNTY,  MAINE. 


which  had  been  excited  throughout  the  provinces.  They 
could  not  tolerate  even  the  presence  of  such  uieu  among 
them,  regarding  every  one  as  either  a  friend  or  an  enemy 
to  his  country. 

In  the  first  week  of  January,  1775,  the  court  was  held 
at  York.  Such  was  the  passion  and  excitement  of  the  hour 
that  no  reasonable  man  could  look  for  a  just  verdict  in  any 
cause.  John  SuUivan,  who  was  accustomed  to  attend  the 
terms  of  court,  was  full  of  the  spirit  of  rebellion  against 
the  arbitrary  measures  of  the  British  government,  and  was 
ready  to  meet  any  emergency  to  which  his  outspoken  senti- 
ments of  patriotism  might  lead.  He  was  a  member  of  the 
Continental  Congress,  and  was  full  of  the  spirit  just  brought 
from  a  meeting  of  that  body.  He  had  expressed  himself 
very  freely  in  Congress,  and  was  determined  to  express 
himself  with  equal  freedom  at  court,  irrespective  of  the 
conservatism  of  the  judges,  who  were  disposed,  in  view  of 
the  embarrassments  of  the  occasion,  to  adjourn  the  session. 
This  created  a  great  popular  clamor,  and  some  of  the  ex- 
cited multitude  threatened  to  pull  the  judges  from  their 
seats.  Sullivan  harangued  the  people  with  great  power 
and  eloquence,  telling  them  that  their  rights  and  privileges 
were  to  be  wrested  from  them,  that  they  were  to  be  made 
the  slaves  of  arbitrary  power,  and  that  the  courts  were  the 
willing  instruments  for  putting  the  yoke  upon  their  uecks. 
At  the  same  time  Capt.  Daniel  Bragdon,  who  had  attended 
the  Congress  as  an  interested  visitor,  gathered  a  large  mul- 
titude around  him  outside  the  court-house,  and  addressed 
them  with  all  the  eloquence  of  which  he  was  master,  call- 
ing upon  them  to  arouse  themselves  in  opposition  to  the 
acts  of  Parliament,  and  denouncing  all  as  enemies  of  their 
country  who  would  not  come  up  to  the  work  of  resistance. 
Such  was  the  excitement  that  the  court  adjourned  without 
doing  any  business.  Judge  Sayward  declared  that  he 
would  not  sit  to  hear  an  action  through.  Judge  Moulton 
sympathized  strongly  with  the  great  body  of  the  people. 
James  Sullivan,  then  in  the  practice  of  law  at  Biddeford, 
manifested  somewhat  more  equanimity  than  his  brother 
John,  and,  being  desirous  to  avoid  all  collisions  and  polit- 
ical controversies  in  court,  whereby  its  character  might  not 
be  compromised,  did  what  he  could  to  maintain  order  and 
allay  excitement,  as  also  did  David  Wyer,  then  a  prominent 
lawyer  residing  in  Portland. 

Although  the  court  was  quietly  adjourned  without  day, 
Sayward,  from  the  spirit  here  manifested,  felt  himself  to  be 
in  constant  peril.  The  threats  of  the  people  daily  reached 
his  ears,  and  from  this  time  till  nearly  the  close  of  the  war 
he  was  constantly  watched,  and  escaped  the  fury  of  the 
mob  only  by  concealment.  Every  one  mistrusted  was  put 
under  the  ban  of  popular  disapprobation,  or  compelled  to 
sign  an  article  disavowing  Tory  sentiments.  Dr.  Alden,  of 
Biddeford,  being  strongly  suspected  of  furnishing  through 
Capt.  John  Stackpole  materials  for  barracks  for  the  Eng- 
lish soldiers  at  Boston,  was  waited  upon  by  a  multitude 
gathered  at  Saco  from  all  the  adjoining  towns,  and  com- 
pelled not  only  to  ask  pardon  on  his  knees,  but  to  subscribe 
to  the  following  declaration  : 

"  TVhere.is  I  have  uttered  many  words,  out  of  town  and  in,  counte- 
nancing arbitrary  .acts  of  Parliament,  wliicli  has  given  oBense  to  the 
bo.ly  now  as.seiul.Icd,  I  do  laercliy  e.Knrcss  uiy  sincere  i.cnitence  tliere- 


for,  and  promise,  on  oath,  not  to  be  guilty  of  anything  of  that  kind 
for  the  future.  And,  whereas  I  asked  sundry  persons  to  sign  a  paper 
to  the  board  of  commissioners,  therein  insinuating  myself  to  be  a  Tory, 
I  hereby  declare  I  am  sori'y  therefor,  and  that  I  never  will  be  guilty 
of  anything  of  that  kind  for  the  future,  nor  do  anything  against  the 
just  rights  of  my  country. 

"Oct.  18,  1774.  Abiather  Alden." 

We  give  below  a  few  samples  of  the  resolutions  passed 
by  different  towns  during  the  excitement  of  the  preliminary 
struggle.  The  following,  probably  drawn  up  by  Hon. 
James  Sullivan,  afterwards  Governor  of  Massaehu.setts,  were 
adopted  with  great  unanimity  by  the  inhabitants  of  Bidde- 
ford, at  a  meeting  held  on  the  30th  of  July,  177-1:: 

"  Whcrens,  The  Parliament  of  Great  Britain  has,  for  the  express 
purpose  of  raising  a  revenue  and  an  unconstitutional  tax  on  the  Eng- 
lish-American Colonies,  made  several  acts  highly  distressing  to  said 
Colonies  in  general,  and  to  this  province  in  particular:  by  which  acts 
the  metropolis  of  the  province  is  blocked  up  and  distressed,  the  civil 
government  of  the  province  altered  (as  far  as  by  said  acts  it  can  be) 
in  the  most  material  and  privileged  points  thereof,  and  particularly 
the  invaluable  right  of  a  trial  by  an  uncorrupted  jury,  entirely  de- 
stroyed ; 

"  Therefore,  Hegolved,  That  the  inhabitants  of  this  town,  now  as- 
sembled, will,  in  a  resolute,  manly,  and  determined  manner,  pursue  all 
such  legal  and  constitutional  methods  as  shall  by  the  other  towns  in 
the  province  be  thought  conducive  to  the  restoration  of  our  natural 
rights  as  men.  and  political  rights  as  Englishmen  ;  and  that  no  incon- 
venience, however  injurious  to  the  private  interest  of  any  of  us,  shall 
be  a  sufficient  cause  to  break  this  resolution. 

"  And  whei-etts,  The  Committee  of  Correspondence  for  the  town  of 
Boston  has  transmitted  to  us  papers  to  be  signed  by  the  inhabitants 
of  this  town,  which  papers  contain  covenant  oaths  and  agreements 
that  the  subscribers  thereto  shall  break  off  all  commercial  intercourse 
with  the  Island  of  (ireat  Britain  until  the  oppressive  acts  aforesaid 
are  totally  repealed  :  and  the  inhabitants  of  this  town  being  very  sen- 
sible that  there  is  no  method  yet  pointed  out  which  tends  so  much  to 
the  advancing  of  the  opulence  of  this  country  and  happy  extrication 
of  it  from  its  present  difficulties  and  distresses  as  the  universal  coming 
into  and  the  religious  observation  of  those  covenant  oaths  and  agree- 
ments, or  others  somewhat  similar  thereto: 

"  It  is  therefore  liesohed,  That  if  the  Committee  appointed  by  the 
late  Honorable  House  of  Representatives  of  this  Province  to  meet  the 
delegates  of  the  other  colonies  in  General  Congress  at  Philadelphia 
or  elsewhere;  and  the  other  members  of  .said  Congress  shall  advise  to 
a  universal  withdrawment  of  our  commerce  with  the  Island  of  Great 
Britain  until  the  aforesaid  oppressive  acts  of  Parliament  shall  be  re- 
pealed, we  will  strictly  adhere  thereto;  And  as  our  dependence  under 
God  is  chiefly  placed  in  the  steady  pursuance  of  such  wise  measures 
as  shall  be  recommended  by  the  Congress; 

''  We  therefore  Resolve,  That  whatever  measure  shall  be  by  said 
Congress  advised  to  and  complied  with  by  the  majority  of  the  other 
towns  in  this  province,  shall  be  literally  and  strictly  adhered  to  by 

"  And  we  further  Reaulve,  That  if  any  person  among  us  shall 
demean  himself  contrary  to  any  plan  that  shall  be  laid  for  our  deliver- 
ance by  the  Congress,  and  agreed  to  by  this  and  the  majority  of  the 
other  towns  in  the  province,  we  will  have  no  society,  trade,  or  com- 
merce with  such  person,  but  will  esteem  and  treat  him  as  an  enemy  to 
his  country. 

(Attest)  "  RisHWORTH  .JoRnAX,  Toicn  Cleric." 

At  a  subsequent  meeting,  Dec.  22,  1774,  a  Committee 
of  Safety  and  Inspection  was  appointed,  composed  of  Rish- 
worth  Jordan,  Esq.,  James  Sullivan,  Esq.,  Capt.  Benjamin 
Hooper,  Thomas  Giipatrick,  and  Capt.  James  P.  Hill. 
Mr.  Sullivan  was  chosen  at  the  same  time  delegate  to  the 
Provincial  Congress,  and  empowered  to  correspond  with  the 
neighboring  towns.  It  was  also  voted  "  that  the  delegate 
inform  the  Congress  that  his  constituents  think  be.st  to  keep 
their  own  money  to  form  a  magazine  for  their  own  defense." 


PERIOD   OF  THE  REVOLUTION. 


71 


"  Reeolied,  That  R.  Jordan,  J.  Sullivan,  B.  Hooper,  James  Carlisle, 
Thomas  Gilpatrick,  Benj.  Staples,  Allison  Smith,  Josiah  Stimpson, 
Jeremiah  Hill,  Jr.,  Simon  Wingate,  James  Sta])les,  Aaron  Porter,  and 
Jeremiah  Cole  be  a  committee  to  provide  a  town  stock  of  six  half 
barrels  of  powder,  iive  cwt.  of  lead,  and  a  suflBciency  of  flints,  ac- 
cording to  the  number  of  persons  in  the  train-band  and  alarm-list  in 
said  town ;  four  barrels  of  which  powder,  and  the  whole  of  the  lead 
and  flints  are  to  be  kept  entire  until  the  town  shall  olherwise  order, 
or  it  shall  become  necessary  to  deliver  the  same  to  the  said  persons  in 
the  train-hand  or  alarm-list.     Also 

"  Resolved,  That  the  said  committee  dispose  of  the  other  two  half 
barrels  of  powder  at  a  reasonable  price  to  such  of  the  inhabitants  of 
the  town  as  have  a  mind  to  purchase  the  same  with  ready  cash,  to 
use  it  in  defense  of  their  country. 

'•  Voted  unanimously.     Attest, 

"James  Sullivan,  il,„.lr,„u,i:- 
Mr.   Sullivan   represented    the   town    in   the   Provincial 
Congress  until  its  close,  when  he  was  appointed  a  justice 
of  the  Superior  Court.     Soon   after  that  he  removed  his 
family  to  Groton,  Mass. 

"  A  profound  respect,"  says  Mr.  Folsom,  "  was  ever  entertained  by 
our  inhabitants  for  the  character  and  talents  of  jMr.  Sullivan  from 
the  period  of  his  first  settlement  among  them  as  a  young  attorney. 
He  was  himself  ready  to  acknowledge,  at  a  late  date,  when  holding 
a  high  and  enviable  rank  among  his  contemporaries,  the  obligations 
which  their  favor  had  imposed  on  him.  *  I  have  a  grateful  remem- 
brance,' he  says,  in  a  letter  to  Col.  Tristram  Jordan,  'of  the  marks 
of  confidence  and  the  acts  of  kindness  done  me  by  the  people  on  your 
river,  and  whenever  I  can  reciprocate  their  goodness,  I  shall  cheer- 
fully do  it.'  " 

The  patriotic  views  of  Mr.  Sullivan,  ably  and  eloquently 
expressed,  at  the  commencement  of  hostilities  with  Great 
Britain,  materially  assisted  in  securing  a  united  support  of 
the  war,  and  a  harmony  and  concert  of  action  in  both 
towns.* 

"  Rev.  Mr.  Morrill  was  ardently  engaged  in  the  same  cause.  This 
gentleman,  in  the  language  of  one  intimately  associated  with  him  at 
that  period,  '  was  a  superior  man,  of  deportment  noble  and  dignified, 
seldom  equaled  and  never  surpassed  in  this  quarter.  To  this  was 
added  a  capacity  fully  corresponding;  intelligent,  easy  of  access,  and 
communicative,  he  ranked  high  as  a  scholar,  as  a  divine,  and  as  a 
statesman.  In  such  a  melancholy  season  as  our  struggle  for  inde- 
pendence, considering  the  general  weakness  or  ignorance  of  the 
people,  the  value  of  such  a  man  was  incalculable.  So  deep  an  in- 
terest did  he  take  in  that  all-important  concern,  as  a  statesman,  he 
spared  no  pains  to  guide  every  one  into  the  right  way,  nor  did  he  fail 
in  this.  To  his  long  standing  there  and  the  confidence  of  the  people 
in  him,  was  it  owing  in  a  great  measure  that  the  principles  of  inde- 
pendence were  easily  disclosed  and  generally  embraced.  A  remark- 
ably close  and  friendly  intercourse  between  Mr.  Morrill  and  Mr. 
Sullivan,  uniting  their  exertions,  bore  down  all  opposition.' " 

The  Committee  of  Correspondence,  Inspection,  and  Safety 
in  Biddeford  for  1776  was  composed  of  Benjamin  Nason, 
Jonathan  Smith,  Joseph  Morrill,  John  Dyer,  and  Amos 
Gordon.  The  following  order  of  the  Massachusetts  Council, 
accompanied  by  a  copy  of  the  Declaration  of  Independence, 
was  received  and  complied  with  at  this  time : 

"In  Council,  July  17,  1776,  Ordered  that  the  Declaration  of  Inde- 
pendence be  printed,  and  a  copy  sent  to  the  ministers  of  each  parish, 
of  every  denomination  within  the  State;  and  that  they  severally  be 
required  to  read  the  same  to  their  respective  congregations,  as  soon 
as  Divine  service  is  ended  in  the  afternoon,  on  the  first  Lord's  Day 
after  they  shall  receive  it.  And  after  such  publication  thereof,  to 
deliver  the  said  Declaration  to  the  clerks  of  their  respective  towns 
or  districts,  who  are  hereby  required  to  record  the  same  in  their  re- 
spective town  or  district  books,  there  to  remain  as  a  perpetual 
memorial  thereof.  In  the  name  and  by  the  order  of  the  Council. 
"R.  Derby,  President." 


;  Saco  and  Biddeford,  279. 


The  Committee  of  Corre.spondence  for  1777  consisted  of 
James  Sullivan,  Esq.,  Joseph  Morrill,  Obed  Emery,  Joseph 
Tarbox,  and  James  Emery.  Thomas  Cutts,  Esq.,  repre- 
sented both  towns  in  the  Provincial  Congress.  Colonel 
Cutts  wiLS  devotedly  attached  to  the  cause  of  the  Revolu- 
tion, notwithstanding  his  private  interests  suffered  by  the 
war  to  a  very  great  extent.  Fortunately  for  the  country, 
the  zealous  Whigs  of  that  day  considered  their  personal 
losses  as  light  in  the  scale,  when  weighed  against  the  sacred 
rights  and  cherished  principles  in  defense  of  which  they 
took  up  arms. 

Pepperellborough  also  had  its  Committee  of  Correspond- 
ence, chosen  Nov.  9,  1774,  and  both  towns  acted  in 
concert.  The  first  committee  consisted  of  Tristram  Jor- 
dan, Esq.,  Deacon  Amos  Chase,  Paul  Junkins,  James  Foss, 
and  James  Scamman.  Messrs.  Cutts  and  Junkins  were 
appointed  at  the  same  time  "  Delegates  for  a  County  Con- 
gress." A  separate  Committee  of  Inspection  was  raised 
"  to  see  that  the  several  Resolves  of  the  Continental,  Pro- 
vincial, and  County  Congresses  be  complied  with  in  said  Pep- 
perellborough," consisting  of  Tristram  Jordan,  Eisq.,  Dea- 
con Amos  Chase,  R.  Patterson,  Deacon  S.  Seamman,  Jo- 
seph Libby,  Humphrey  Pike,  and  Dominicus  Scamman. 
At  the  March  meeting,  1775,  it  was  voted  "  to  divide  the 
Militia  Company  of  the  District  into  four  separate  squad- 
rons, to  exercise  half  a  day  and  once  in  every  week  for 
three  months  to  come,  and  to  begin  their  exercises  at  two 
o'clock  in  the  afternoon,  and  to  have  a  teacher  to  learn 
them  the  military  art,  and  said  teacher  to  be  paid  out  of 
the  District  Treasury  ;  one  part  to  be  paid  at  the  Old  Or- 
chard, so  called  ;  another,  to  be  from  Rumery's  to  the  lower 
ferry ;  another,  from  said  Rumery's  up  to  the  head  of  said 
District  (or  town) ;  and  the  other  part  at  Dunstown,  so 
called."  The  last  division  included  the  families  settled  on 
the  Scarborough  road,  adjoining  the  parish  of  Dunstan,  in 
that  town.  Rumery  lived  at  the  corner  of  Old  Orchard 
and  the  Perry  roads.  It  was  also  voted  "  to  pay  James 
Sullivan,  Esq.,  a  proportional  part  of  his  time  and  expense 
as  a  delegate  to  the  Provincial  Congress,  with  the  town  of 
Biddeford,  for  the  time  passed." 

The  Committee  of  Correspondence,  Inspection,  and  Safety 
for  the  following  year  were  T.  Jordan,  Esq.,  Deacon  A. 
Chase,  Deacon  S.  Scamman,  Joseph  Bradbury,  and  Richard 
Burke. 

When  the  first  blood  of  the  war  was  shed  at  Lexington, 
York  was  the  first  town  in  Maine  to  send  forward  soldiers. 
News  of  the  battle  reached  that  town  in  the  evening  after 
the  engagement.  Early  the  next  morning  the  inhabitants 
assembled,  enlisted  a  company  of  more  than  sixty  men,  fur- 
nished them  with  arms  and  ammunition,  and  knap.sacks  full 
of  provisions,  and,  under  command  of  Capt.  Johnson  Moul- 
ton,  they  marched  fifteen  miles  on  their  way  to  Boston 
that  day,  besides  crossing  the  ferry  at  Portsmouth.  Capt. 
Moulton  remained  in  the  service,  and  rose  to  the  rank  of 
lieutenant^colonel  in  Scamman's  regiment. 

In  the  summer  of  1779  a  meeting  of  the  inhabitants  of 
Pepperellborough  was  called  to  see  if  they  would  send  a 
reinforcement  to  the  army,  when  it  was  agreed  that  all 
those,  and  those  only,  in  the  first  place  shall  be  drafted 
that  have  not  been  heretofore  drafted,  and  by  law  are  liable 


72 


HISTORY   OF  YORK   COUNTY,  MAINE. 


to  be  drafted,  except  Lieut.  James  Foss'  son,  who  has 
agreed  to  go  into  the  Continental  service ;  and  when  any 
persons  are  drafted  and  shall  pay  their  fine,  said  fine  shall 
be  laid  out  in  hiring  men  for  said  Continental  service ;  and 
what  sum  or  sums  of  money  may  be  wanting,  after  the 
fines  aforesaid  be  paid,  the  selectmen  shall  have  full  liberty 
to  raise  on  the  inhabitants  of  Pepperellborough,  in  conse- 
quence of  a  resolve  of  the  Great  and  General  Court,  made 
and  passed  June  9,  1779.  "  The  next  year  Capt.  P.  Jun- 
kins,  Elisha  Ayer,  Nicholas  Dennett,  James  Foss,  and 
Thomas  Dearing  were  chosen  a  Committee  of  Safety  and 
Correspondence.  And  it  was  voted  to  raise  three  hundred 
and  fifty  pounds  for  the  men  raised  to  go  to  Camden,  if 
they  go,  otherwise  to  be  paid  to  the  treasurer  for  the  town 
service."  In  October  the  town  "  voted  to  raise  money  to 
pay  for  the  beef  for  the  army,  agreeable  to  a  resolve  of 
Court."  In  January,  1781,  Messrs.  Samuel  Boothby  and 
James  Coffin  were  appointed  a  committee  "  to  hire  six  or 
seven  men  as  soldiers  for  the  army  on  the  town's  account, 
and  not  to  exceed  thirteen  dollars,  with  the  Continental 
pay  per  month."  The  town  was  required  at  this  time  to 
supply  the  army  with  eleven  thousand  and  sixty-two  pounds 
of  beef  The  last  Committee  of  Safety  was  chosen  in  1782, 
and  consisted  of  Col.  James  Scamman,  Capt.  Joseph  Brad- 
bury, Lieut.  Samuel  Chase,  Lieut.  William  Cole,  and  Mr. 
James  Coffin. 

A  large  proportion  of  the  inhabitants  of  these  towns  were 
occasionally  in  the  service  of  the  country  during  the  war. 
Demands  for  men  and  provisions  were  constantly  occurring, 
and  no  towns  were  more  prompt  and  liberal  in  contributing 
to  the  wants  of  the  army  in  both  particulars.  The  exact 
number  of  men  furnished  at  different  times  cannot  now  be 
ascertained,  the  necessary  documents  having  perished.  We 
give  a  partial  list,  such  as  has  been  preserved  in  the  valu- 
able history  of  these  towns  by  Mr.  Folsom. 

"  Col.  James  Scamman  led  a  regiment  to  Cambridge  early  in  177J, 
and  remained  about  one  year.  This  gentleman  was  well  fitted  to 
shine  in  the  military  profession,  possessing  energy,  vigor  of  mind 
and  body,  and  gayety  of  temper  that  engaged  the  good-will  and  at- 
tachment of  those  under  his  command.  We  have  been  assured  by 
those  who  served  with  him  that  his  bravery  couM  not  be  justly  ques- 
tioned, and  yet  a  misdirection  of  his  regiment  on  the  memorable  ITth 
of  June  has  been  made  the  occasion  of  reproach.  Col.  Scamman 
received  orders  to  repair  to  Bunker  liill;  while  on  the  march,  learn- 
ing that  the  enemy  were  landing  at  Lechmere's  Point,  he  deemed  it 
his  duty  to  advance  on  that  quarter,  and  by  this  diversion  failed  to 
bo  in  the  battle  which  followed  on  Bunker  Hill.  An  investigation  of 
the  coloners  conduct  soon  after  took  place,  before  the  proper  tribunal, 
when  he  was  honorably  acquitted.  Attempts  were,  however,  made  to 
injure  his  reputation  by  individuals  who  .aspired  to  his  commission, 
and  at  the  end  of  the  year  he  resigned.  Col.  Scamman  afterwards 
entered  into  trade  with  his  brother,  Mr.  Nathaniel  Scamman,  and 
built  the  large  house  now  in  the  rear  of  Messrs.  Scamman  &  Andrews' 
stone  block,  where  at  that  period  they  both  lived.  The  latter  subse- 
quently built  the  house  now  occupied  by  his  son,  Hon.  George  Scam- 
man.    The  colonel  died  in  1804,  at  the  age  of  si.xty-four  years. » 


"  Maj.  Ebenezer  Ayer  accompanied  A 
Canada  through  the  wilderness  of  the 
guished  for  his  energy  and  bravery  at  th 


the  e.xpedition  to 
:,  and  was  distin- 
It  is  said  he  had 


i  The  following  lines,  furnished  by  Hon.  Cyrus  King,  are  inscribed 

his  tomb :  "  A  man  of  infinite  jest;  of  most  excellent  fancy." 

"  This  stone  to  strangers  may  impart 

The  place  where  Scamman  lies ; 

But  every  friend  consults  his  heart, 

For  there  he  never  dies." 


the  courage  to  saw  off  the  pickets  of  an  English  fort  to  enable  the 
party  to  scale  the  walls.  Maj.  Ayer  afterwards  served  in  the  engineer 
department,  with  the  rank  of  major.  He  did  not  return  to  Saoo  at 
the  close  of  the  war. 

''  The  late  Jeremiah  Hill,  Esq.,  enlisted  a  company  for  three  years' 
service,  which  he  led  to  Boston.  His  brother,  Daniel  Hill  (of  Gor- 
ham),  held  the  commission  of  ensign.  This  company  joined  the  regi- 
ment of  Col.  Joseph  Vose  (of  Milton),  at  West  Point,  and  was  at  the 
taking  of  Burgoyne,  October,  1777.  Capt.  Hill  returned  at  the  expi- 
ration of  one  year,  having  resigned  his  commission.  In  1779  he  was 
appointed  adjutant-general  of  the  forces  sent  by  the  State  to  the 
Penobscot  River. 

"  The  following  names  are  those  of  non-commissioned  oflicers  and 
privates  in  the  Continental  service  from  Biddeford :  Bellamy  Storer 
(a  brother  of  the  late  Capt.  Seth  Storer),  who  died  at  Mount  Inde- 
pendence, opposite  Ticonderoga,  1776  ;  John  Hill,  a  brother  of  Capt. 
Hill,  died  of  smallpox  at  Brooklyn  Fort,  Long  Island,  the  same  year, 
where  a  grave-stone  was  erected  to  his  memory.  He  was  twenty  two 
years  of  age  at  the  time  of  his  death;  Jotham  Hill,  son  of  Mr.  Eben- 
ezer Hill,  died  in  the  course  of  the  war,  near  Albany;  John  Peirce, 
lived  at  Limerick  after  the  war;  Aaron  Gray  (deceased),  a  prisoner 
under  the  act  of  1S18  ;  Noah  Smith,  James  Urian,  Ezekiel  Gilpatriek, 
John  Griffin  Davis,  Samuel  Gilpatriek,  Nathaniel  Gilpatriek,  Caleb 
Spofford  (died  in  the  war),  John  Lee,  Joseph  Linscott,  William  Haley, 
James  Pratt,  Sylvanus  Knox,  Stephen  Fletcher,  Jonah  McLucas  (died 
in  the  war),  John  Haley,  died  at  Mount  Independence;  Josiah  Davis. 
Those  surviving  in  1S30  were  the  following:  Col.  John  Smith,  of 
HoUis;  Jeremiah  Bettis,  Little  River,  in  Biddeford;  Ralph  Emery, 
Philip  Goldthw.aite,  keeper  of  the  Wood  Island  Light-House;  Pela- 
tiah  Moore,  Joseph  Staples,  Dominicus  Smith,  Benjamin  Goodridge, 
and  Joseph  Hanscomb,  of  Buxton. 

"  From  Pepperellborough  (now  Saco)  the  following  persons  were  in 
the  Continental  service  at  some  period  of  the  war  :  John  Googins, 
killed  at  the  action  at  Hubbardstown,  July  7,  1777,  the  day  after  the 
evacuation  of  Ticonderoga  by  the  American  troops.  John  was  in  the 
rear-guard,  commanded  by  Col.  Francis,  a  very  gallant  officer,  who 
fell  in  the  same  engagement ;  Stephen  Sawyer,  son  of  David  Sawyer, 
Sr.,  died  in  the  army  ;  John  Hooper,  died  during  the  war,  at  Boston  ; 
Abiel  Beetle,  Nicholas  Davis,  Jonathan  Norton,  Daniel  Bryant,  James 
Scamman,  son  of  Ebenezer  Scamman,  John  Tucker,  John  Runnels, 
John  Ridlon,  John  Carll,  Ebenezer  Carll,  Evans  Carll,  William  Carll 
(sons  of  Robert  Carll,  the  name  was  often  written  Kearl),  Levi  Foss, 
Pelatiah  Foss,— the  last  fell  at  Ticonderoga  (sons  of  Walter  Foss) ; 
Zachariah  Foss,  Elias  Foss  (sons  of  Joseph  Foss),  John  Duren,  An- 
thony Starhird,  William  Starbird,  died  in  the  army;  William  Berry, 
James  Evans,  Samuel  Sebastian,  died  on  North  River  :  .Toseph  Norton, 
Mnj.  Stephen  Bryant,  afterwards  an  officer  in  the  militia ;  Josiah 
Davis,  Josiah  Richards." 

Those  living  in  1830  were  Ephraim  Ridlon,  Stephen 
Googins,  who  enlisted  for  the  year  1776,  and  were  in  Capt. 
Watkins'  company,  under  Col.  Edmund  Phinney,  of  Gor- 
ham.  Ephraim  enlisted  again  in  1777,  in  Col.  John  Crane's 
regiment  of  artillery,  and  was  gone  three  years,  two  of 
which  he  was  waiter  to  Gen.  Knox ;  Thomas  Means  served 
under  Capt.  Hart  Williams,  in  Col.  Phioney's  regiment; 
Solomon  Hopkins,  James  Edgeeomb,  Solomon  Libby. 

A  company  was  raised  for  a  short  term  of  service  in  Feb- 
ruary, 1776,  from  Buxton,  Arundel,  Biddeford,  and  Pep- 
perellborough, commanded  by  Capt.  John  Elden,  of  Buxton. 
The  other  officers  were  First  Lieut.  Amos  Towne,  of  Arun- 
del;  Second  Lieut.  Samuel  Scamman,  of  Saco;  Ens.  Jere- 
miah Cole,  of  Biddeford.  The  subordinate  officers  and 
privates  from  Biddeford  were  the  following :  Moses  Brad- 
bury, John  Poak,  Elijah  Littleficld,  Peirce  Bickford, 
Phineas  Mclntire,  Thomas  Gilpatriek,  William  Nason, 
John  Chase,  Jonathan  Stickney,  Humphrey  Dyer,  Jacob 
Townsend,  Timothy  Cole,  Jedediah  Smith,  Eliakim  Tarbox, 
Jonathan  Smith,  John  Gilpatriek,  Chris.  Gilpatriek,  Dodi- 
vah  Bickford,  Benjamin  Woodman. 


PERIOD   OF  THE   REVOLUTION. 


73 


From  Pepperellborough :  Jerathuel  Bryant,  John  Muche- 
luore,  Daniel  Field,  David  Clark,  Abner  Sawyer,  Joseph 
Norton,  Andrew  Patterson,  David  Sawyer,  Jr.,  James  Edge- 
comb,  Robert  Bond,  Daniel  Field,  Jr.,  Abraham  Patterson, 
Moses  Ayer,  John  Young,  Hezekiah  Young,  Joseph  Pat- 
terson, WOliam  P.  Moody,  Samuel  Dennett,  John  Scam- 
man,  Samuel  Lowell.  The  company  belonged  to  a  regiment 
of  militia  under  Col.  Lemuel  Robinson. 

We  find  in  the  Buxton  centennial  the  names  of  four 
from  that  town  who  served  in  this  company,  furnished  by 
Cyrus  Woodman,  Esq.  They  were  James,  Joseph,  Benja- 
min, and  John  Woodman, — the  latter  a  sergeant;  there 
were  probably  many  others. 

Of  those  from  Arundel  we  find  no  record  separate  and 
distinct  from  that  of  those  who  served  in  other  companies 
and  regiments.  Those  from  Buxton  in  Capt.  Jeremiah 
Hill's  company,  of  Biddeford,  were  as  follows  :  Eddy  Ward, 
sergeant;  Phiueas  Towle,  sergeant;  John  Elden,  corporal  ; 
Matthias  Redlon,  corporal;  John  Cole,  Nathan  Woodman, 
Samuel  Merrill,  Jr.,  Robert  Brooks,  William  Andros,  James 
Redlon,  Ezekiel  Bragdon,  John  Sands,  Mioah  Whitney, 
Jonathan  Fields,  Joseph  Goodwin,  Samuel  Woodsom,  Ne- 
liomiah  Goodwin,  Daniel  Hill,  ensign.  These  men  enlisted 
May  3,  1775,  and  formed  part  of  Col.  James  Scamman's 
(30th)  regiment  of  infantry.  Col.  Scamman  and  Capt.  Hill 
both  resigned  at  the  expiration  of  one  year.  Part  of  the 
company  joined  the  regiment  of  Col.  Joseph  Vose,  at  West 
Point,  and  were  at  the  surrender  of  Burgoyne.  Part  of  them 
were  in  the  expedition  against  Ticonderoga  and  Crown 
Point,  in  Capt.  Jabez  Lane's  company.  Some  of  them 
served  with  Washington  in  New  Jersey  and  in  the  South- 
ern campaign.  John  Cole  was  at  the  battle  of  Monmouth, 
and  Joseph  Goodwin  was  with  Washington  when  he  crossed 
the  Delaware. 

The  following  are  the  names  of  Buxton  men  who  were 
enlisted  for  three  years  and  during  the  war  by  Capt.  Daniel 
Lane,  of  Col.  Ichabod  Alden's  regiment.  The  most  of  them 
were  attached  to  the  7tli  Regiment,  Col.  Brooks',  and  were 
in  the  Ticonderoga  expedition  with  the  forces  of  Gen. 
Schuyler,  and  were  present  at  the  surrender  of  Burgoyne  at 
Saratoga.  They  were  enlisted  from  Nov.  14,  1776,  to 
March  20,  1777,  and  were  accredited  to  different  towns  in 
Massachusetts :  Daniel  Lane,  captain  ;  David  Redlon,  Eb- 
onezer  Redlon,  John  Wilson,  John  Woodman,  Nathan 
Woodman,  Nathan  Woodman,  Jr.,  Samuel  Cole,  Benjamin 
Elwell,  John  Elwell,  John  Edgerly,  Isaac  Lane,  John  Cole, 
John  Cole,  Jr.,  William  Hancock.  Also  Samuel  Woodsom, 
John  Woodsom,  and  John  Smith,  all  of  Buxton,  appear  on 
the  pay-roll  of  the  company,  October,  1778.  Capt.  Daniel 
Lane  was  a  prisoner,  and  was  released  Sept.  16,  1777,  by 
order  of  Gen.  Burgoyne,  on  his  parole,  to  go  home  to  his 
family.     He  served  in  the  war  till  Jan.  1,  1780. 

Capt.  Jabez  Lane,  also  of  Buxton,  served  through  most 
of  the  Revolutionary  war.  He  was  captain  of  a  company 
in  the  6th  Ma.ssachusetts  Regiment,  Col.  Thomas  Nixon. 
No  muster-roll  of  his  company  has  been  found,  but  an  ac- 
count kept  with  his  men  shows  the  following  names  of  Bux- 
ton men,  enlisted  under  his  command  :  Benjamin  Woodman, 
Phineas  Towle,  Lemuel  Rounds,  Robert  Brooks,  Elijah 
Bradbury,  John  Hancock,  William  Andros,  Ebenezer  Rid- 
10 


ley,  John  Boynton,  Daniel  Boynton,  Ephraim  Sands,  Moses 
Atkinson,  James  Woodman,  Stephen  Whitney,  Richard 
Clay;  and  from  Goodman's  Narragansett,  Samuel  Brooks 
and  Ezekiel  Bragdon  are  added,  who  enlisted  in  the  com- 
pany March  14,  1776. 

John  Lane,  of  Buxton,  raised  a  company  in  1775,  and 
was  appointed  captain  of  it.  They  were  in  Col.  Foster's 
regiment  eight  months,  and  stationed  at  Cape  Ann.  At 
the  expiration  of  this  time  they  joined  the  regiment  of 
Col.  Varnura,  on  Long  Island,  and  were  engaged  in  a 
battle  there.  Col.  Varnum's  regiment  was  in  the  army  of 
Washington,  at  Valley  Forge,  during  the  winter  of  1777-78. 
The  Buxton  men,  as  far  as  known,  were  John  Lane  Han- 
cock, Elijah  Bradbury,  Joshua  Woodman,  Samuel  Wood- 
man,* Abiathar  Woodsom,  and  Samuel  Woodsom. 

Stephen  Whitney,  Abijah  Lewis,  and  Theodore  Rounds, 
from  this  town,  were  in  the  company  of  Capt.  Hart  Lewis,  of 
Gorham.  They  marched  to  Cambridge  in  1775,  and  thence 
to  Ticonderoga,  in  Col.  Phinney's  regiment.  William 
Davis,  Jonathan  Whitney,  and  George  Berry  (?)  were  in 
the  company  of  Capt.  Richard  Mayberry,  of  Windham, 
11th  Mas.sachusetts,  Col.  Benjamin  Tupper;  were  at  Bur- 
goyne's  suriender  and  at  the  battle  of  Monmouth.  Samuel 
Rounds,  Benjamin  Emery,  and  John  Smith  enlisted  in  1779 
in  Capt.  Alexander  McLellan's  company,  Col.  Jonathan 
Whitney's  regiment,  and  were  in  the  Penobscot  expedition. 
Daniel  Emery  and  Joseph  Rounds  were  in  Col.  Phinney's 
regiment,  and  at  Burgoyne's  surrender.  Thomas  Harmon 
was  an  orderly  in  Washington's  Life- Guard.  Caleb  Hop- 
kinson  was  one  of  Gen.  Gates'  body-guard.  Michael  Rand 
served  five  years ;  was  under  Gen.  Stark  when  he  defeated 
Col.  Baum  at  Bennington,  Aug.  16,  1777,  and  after  that 
was  with  Gen.  Greene  at  the  South  ;  fought  at  Cowpens, 
Guilford  Court-House,  Eutaw  Springs,  and  was  at  York- 
town  at  the  surrender  of  Cornwallis,  Oct.  19,  1781  ;  was 
then  discharged  and  walked  home.  Roger  Plaisted  and 
Joshua  Woodman  were  in  the  navy.  Ebenezer  Smith, 
Gideon  Elden,  Wiuthrop  Bradbury,  and  John  Wentworth 
served  in  the  Revolutionary  army  nine  months. 

The  town  of  Kennebunkport  (then  Arundel)  took  an 
early  and  active  part  in  the  struggle  for  independence ;  the 
list  of  its  soldiers,  as  also  the  lists  for  Wells,  Kennebunk, 
York,  Kittery,  Berwick,  Lyman,  and  the  other  towns  rep- 
resented in  the  army,  will  be  found,  so  far  as  we  have  been 
able  to  obtain  them,  in  their  respective  town  histories. 

Among  the  important  events  which  occurred  during  the 
Revolution  in  Maine  was  the  burning  of  Falmouth  by  the 
British  Capt.  Mowatt,  Oct.  18,  1775.  Great  distress 
prevailed  in  the  eastern  part  of  the  province  this  year. 
Capt.  James  Littlefield,  of  Wells,  was  appointed  deputy 
commissary-general  for  the  three  counties  in  Maine,  and 
the  Committee  on  Supplies  was  directed,  during  the  recess 
of  the  Provincial  Congress,  to  grant  succor  out  of  the  pub- 
lic stores  to  any  of  the  eastern  inhabitants  who  might  apply 
for  it.  The  eastern  Indians,  soon  after  the  Declaration  of 
Independence,  entered  into  a  treaty  of  alliance  with  the 
Americans.  Truck-houses  had  been  established  for  their 
benefit  at  Fort  Pownal  and  at  Machias. 


i  one  of  Washii 


74 


HISTOKY   OF   YORK   COUNTY,  MAINE. 


In  1775  the  Continental  Congress  first  established  a 
general  post-oflBce,  and  put  it  in  operation  from  Georgia  to 
Maine. 


CHAPTER    XXI. 

UNDER  THE  CONSTITUTION  OF  MASSACHUSETTS. 

State  Senators  from  Maine — County  Attorneys— Circuit  Courts  of 
Common  Pleas— Militia— War  of  1812— Movement  for  tlie  Erec- 
tion of  Maine  into  a  State — Brunswicli  Convention — Portland  Con- 
vention— Adoption  of  the  Constitution — Delegates  who  signed  it 
from  the  Towns  of  York  County. 

Under  the  State  constitution  of  Massachusetts,  adopted 
June  14,  1780,  Maine  was  constituted  a  district,  entitled 
to  four  State  senators.  York  County  was  allowed  two, 
and  Cumberland  and  Lincoln  Counties  one  each.  The 
senators  elected  for  York  County  were  Edward  Cutts,  of 
Kittery,aud  Benjamin  Chadbourne,  of  Berwick.  In  1800 
seven  senators  were  assigned  to  INIaiue,  of  whom  York 
County  had  two.  In  181 1  the  apportionment  of  State  sen- 
ators allowed  Maine  ten^  and  seven  representatives  in  Con- 
gress. The  First  Congressional  District  embraced  most  of 
York  County,  from  which  Hon.  Cyrus  King,  of  Saco,  was 
returned.  On  the  24th  of  February,  1813,  nine  senators 
instead  of  ten  were  apportioned  to  Maine. 

In  1807,  under  Governor  Sullivan's  administration, 
county  attorneys  were  made  appointable  by  the  Governor 
and  Council,  in.stead  of  by  the  Court  of  Sessions,  and  held 
oflSce  at  the  pleasure  of  the  appointing  power.  Those  for 
York  County  under  Governor  Sullivan's  and  Gerry's  ad- 
ministrations were  Dudley  Hubbard  and  William  Pitt 
Preble. 

By  the  rearrangement  of  the  judiciary  in  1811,  Cir- 
cuit Courts  of  Common  Pleas  were  established,  and  three 
circuits  assigned  to  Maine.  Of  the  first  circuit,  composed 
of  York,  Cumberland,  and  Oxford  Counties,  the  judges 
were  Benjamin  Greene,  William  Widgery,  and  Judah  Dana. 

Militia  laws  were  passed  March  3,  1781,  and  March  21, 
1 783,  making  all  able-bodied  men  between  sixteen  and  fifty 
eligible  to  duty.  The  militia  in  the  District  of  Maine  was 
arranged  into  one  hundred  and  twenty  companies,  and  finally 
classed  into  thirteen  regiments,  three  brigades,  and  two 
divisions.  In  the  Massachusetts  enumeration  the  divisions 
were  the  sixth  and  seventh.  Ichabod  Goodwin,  of  Ber- 
wick, was  chosen  by  the  General  Court  major-general  of 
the  former,  embracing  the  militia  of  York  and  Cumberland 
Counties. 

Of  the  committee  on  public  lands,  Nathaniel  Wells,  of 
Wells,  and  Nathan  Dane,  of  Beverly,  were  appointed  mem- 
bers, March  19,  1784. 

War  was  declared  against  Great  Britain,  June  18,  1812. 
Additional  taxes  as  well  as  privations  were  necessarily 
among  the  incidents  of  the  war.  Of  the  three  million  dol- 
lars directly  levied  by  Congress  on  the  lands  of  the  United 
States,  to  be  collected  after  the  ensuing  January,  seventy- 
four  thousand  two  hundred  and  twenty  dollars  were  appor- 
tioned to  Maine, — a  tax  which  the  majority  of  the  people 
paid  with  patriotic  spirit.  Enlistments  were  animated,  and 
it  is  believed  that  a  larger  number  of  troops  were  recruited 


for  the  army  in  Maine  than  in  any  one  of  the  States,  accord- 
ing to  the  population. 

The  government  called  for  one  hundred  thousand  militia, 
of  which  Maine's  quota  was  two  thousand  five  hundred. 
There  were  at  this  time  in  the  distiict,  including  cavalry 
and  artillery,  twenty-one  thousand  one  hundred  and  twenty- 
one  men.  The  number  and  names  of  those  who  actually 
entered  the  service  from  York  County  it  is  impossible  to 
obtain. 

The  following  is  a  partial  list  of  the  companies,  and  the 
towns  to  which  they  belonged  : 

COMPANIES    FROM    TORK     COUNTY    IN    THE    ^yAE    OF 

1812-14. 

Capt.  Edward  Small's  company,  of  Limington. 

Capt.  Joseph  Stevenson's  company,  of  Limerick. 

Capt.  James  Ayer's  detached  company  of  infantry. 

Lieut.  David  Maxwell's  company,  of  Wells. 

Lieut.  George  Wheelwright's  company,  of  Wells. 

Capt.  Joseph  Howard's  detached  company  of  artillery. 

Capt,  B.  Thompson's  company  detached  militia. 

Sergeant's  Guard,  John  S.  Thompson. 

Capt.  Thomas  Cutts'  company,  of  Kittery. 

Capt.  James  Woodman's  company,  of  Buxton. 

Capt.  Daniel  Appleton's  company,  of  Buxton. 

Lieut.  Seth  Fairfield's  company,  Saco  and  Biddeford. 

Capt.  Rufus  Mclntire's  company  United  States  artillery, 
two  hundred  men  in  service  in  Canada  eighteen  months. 

On  the  6th  of  September,  1786,  a  convention  was  held 
at  Falmouth  to  consider  the  question  of  a  separation  from 
Massachusetts  and  the  formation  of  Maine  into  a  State. 

The  delegates  present  from  York  County  were  Thomas 
Perkins,  from  Arundel  ;  Nathaniel  Low,  from  Berwick ; 
Henry  Y.  Brown,  James  Haywood,  Samuel  Haywood,  from 
Brownfield  ;  Samuel  Knight,  Nathaniel  Hill,  from  Buxton  ; 
Joseph  Frye,  Paul  Laugdon,  Daniel  Fessendeu,  Isaac 
Walker,  Nathaniel  Merrill,  from  Fryeburg ;  John  Storer, 
from  Wells.  Resolutions  were  adopted  favoring  the  erec- 
tion of  the  counties  of  York,  Cumberland,  and  Lincoln  into 
a  separate  State,  and  a  committee  was  appointed  to  petition 
the  General  Court  to  that  efi"ect.  The  petition  was  not 
granted,  and  the  subject  rested  till  after  the  war  of  1812-14, 
when  it  was  again  renewed  and  warmly  advocated  by  many 
leading  men  in  the  district. 

In  January,  1815,  a  petition  was  presented  to  the  Legis- 
lature of  Massachusetts  from  forty-nine  towns,  in  their  cor- 
porate capacity,  in  Maine,  and  by  individuals  in  nearly  as 
many  others,  asking  for  the  privilege  of  calling  a  convention 
to  adopt  a  State  constitution. 

The  Legislature  submitted  the  question  to  the  people  of 
Maine  to  be  voted  upon, — "  Shall  the  Legislature  be  re- 
quested to  give  its  consent  to  the  separation  of  the  District 
of  Maine  from  Massachusetts,  and  the  erection  of  said  dis- 
trict into  a  separate  State  ?" — requiring  the  affirmative,  the 
negative,  and  the  whole  number  of  votes  in  each  municipal 
corporation  to  be  certified  and  sent  under  seal  to  the  Secre- 
tary of  State. 

At  the  session  in  June,  1816,  the  returns  were  counted, 
and  it  was  found  that  there  were  10,393  yeas,  6501  nays, 
and  the  whole  number  of  voters  37,828,  showing  that  a 


BENCH  AND  BAK  OF  YORK  COUNTY. 


majority  of  the  freemen  had  not  voted  upon  the  question. 
Notwithstanding  this  result,  the  Legislature,  upon  a  petition 
of  most  of  the  representatives  from  Maine,  granted  a  bill 
of  consent  for  the  separation,  which  became  a  law  on  the 
20th  of  June,  1816. 

On  the  first  Monday  in  September  the  inhabitants  of  the 
towns  and  plantations  of  the  District  met  to  vote  upon  the 
<(uestiou,  and  also  to  choose  delegates  to  meet  in  conven- 
tion at  the  meeting  house  in  Brunswick  on  the  last  Monday 
of  the  same  month,  and  if  they  found  that  a  majority  o^ Jive 
to  four,  at  least,  of  the  votes  returned,  were  in  favor  of 
the  proposed  separation,  the  convention  was  authorized  to 
frame  a  constitution.  The  names  of  the  members  of  this 
convention  we  have  not  been  able  to  obtain.  The  number 
of  delegates  was  185.  William  King  was  elected  president, 
and  Samuel  K.  Whiting  secretary.  There  were  11,969 
yeas,  and  10,34:7  nays,  pre.senting  a  result  much  less  than 
the  statute  majority  required.  The  report  did  not  satisfy 
the  Massachusetts  Legislature  that  the  statute  had  been 
fiiirly  compiled  with,  and  the  convention,  which  had  ad- 
journed to  meet  on  the  third  Tuesday  in  December,  was 
dissolved  by  that  body. 

In  May,  1818,  about  seventy  towns  in  Maine  petitioned 
the  Legislature  for  another  separation  act,  which  was 
granted  on  the  19th  of  June.  The  votes  taken  under  this 
act  showed  17,091  in  favor,  and  only  7132  against  the  sep- 
aration. The  Governor  issued  his  proclamation  announcing 
the  result,  and  delegates  being  chosen,  a.ssembled  October 
11th,  to  the  number  of  269,  at  Portland.  William  King 
was  chosen  president,  and  Robert  C.  Vose  secretary.  A 
committee  of»  thirty-three,  selected  from  each  county,  was 
raised  to  prepare  a  constitution,  John  Holmes,  of  York, 
being  chairman.  The  committee  continued  their  labors 
from  day  to  day  till  the  work  assigned  them  was  completed, 
Oct.  19,  1819.  The  members  from  York  County  who 
signed  the  constitution,  and  the  towns  which  they  repre- 
sented, were  as  follows :  Elihu  Bragdon,  David  Wilcox, 
York  ;  Alexander  Rice,  Kittery  ;  Joseph  Thomas,  Wells  ; 
William  Hobbs,  Nathaniel  Hobbs,  Richard  F.  Cutts,  Ber- 
wick ;  George  Thacher,  Seth  Spring,  Biddeford  ;  Simon 
Nowell,  Arundel ;  William  Moody,  Ether  Shepley,  George 
Thacher,  Jr.,  Saco  ;  David  Legrow,  Lebanon ;  Gideon 
Elden,  Josiah  Paine,  Edmund  Woodman,  Buxton  ;  John 
Low,  John  Burbank,  Lyman  ;  John  Leighton,  Shapleigh  ; 
David  Marston,  Abner  Keazer,  Parsonsfield  ;  Samuel  Bra- 
deen,  Henry  Hobbs,  Waterborough ;  David  Boyd,  Liming- 
ton  ;  Thomas  A.  Johnson,  Cornish  ;  John  Holmes,  Alfred  ; 
Ellis  B.  Usher,  Timothy  Hodgdou,  Hollis ;  Benjamin 
Greene,  South  Berwick  ;  John  Burnham,  Limerick. 


CHAPTER   XXIL 

BENCH  AND  BAR  OF  TOEK  COUNTY. 

Progress  of  the  Profes.=ion  of  Law  in  Maine — Early  Lawyers — Irregular 
Practice — Bar  Regulations — Biographical  Sketches — Customs  of 
the  Early  Courts. 

During  the  exercise  of  royal  authority  in  Massachusetts 
and  Maine  under  the  charter  of  1691,  the  administration 


of  justice  went  on  pretty  uniformly,  and  without  essential 
changes.  Li  none  of  the  common-law  courts  were  any 
lawyers  on  the  bench,  except  in  the  Superior  Court,  and  in 
that,  at  intervals,  only  four,  viz..  Judges  Lyude,  Dudley, 
Trowbridge,  and  William  Gushing.  The  first  act  relating 
to  attorneys  was  one  passed  in  1663,  by  which  they  were 
rendered  ineligible  to  seats  as  deputies  in  the  General  Court. 
The  next  was  passed  in  1701,  prescribing  the  form  of  oath 
to  be  taken  on  admission  to  the  bar,  and  their  fees,  limiting 
them  to  "  twelve  shillings  in  the  Superior  Court,  and  ten 
shillings  in  the  Inferior  Court,  and  no  more,  any  usage  to 
the  contrary  notwithstanding."  This  could  not  be  com- 
plained of,  as  the  judges  at  this  time  did  not  receive  over 
fifty  pounds  a  year  for  their  services. 

The  clear  and  concise  rules  for  legal  practice  published  in 
the  second  volume  of  Reports  were  first  introduced  in  1806. 
They  aimed,  among  other  things,  to  maintain  the  character 
and  purity  of  the  profession.  Examiners  were  appointed 
in  each  county  consisting  of  the  best  qualified  lawyers, 
who  were  carefully  to  examine  candidates  for 
both  as  attorneys  to  the  Common  Pleas  and  as 
to  the  Supreme  Court.  The  requirements  for  admission 
were  good  moral  character,  three  years'  study  with  a  coun- 
selor-at-law,  if  having  graduated  at  a  college ;  otherwise 
the  candidate  was  required  faitlifully  to  devote  seven  years 
at  least  to  the  acquisition  of  scientific  and  legal  knowledge, 
three  years  of  which  should  be  spent  in  professional  studies 
with  some  counselor-at-law.  This  rule  prevailed  till  1843, 
when  the  Legislature  of  the  State,  under  some  strange  in- 
fluence, enacted  that  "Any  citizen  of  this  State,  of  good 
moral  character,  on  application  to  the  Supreme  Court,  shall 
be  admitted  to  practice  as  an  attorney  in  the  judicial  courts 
of  this  State."  The  evil  effects  of  this  act  were  remedied 
in  the  act  passed  in  1859,  by  which  "  three  or  more  persons 
learned  in  the  law"  were  appointed  in  each  county  by  the 
Supreme  Court  to  "  examine  thoroughly  into  the  qualifica- 
tions of  applicants  for  admission  to  practice."  No  person 
could  be  admitted  under  this  law  without  the  certificate  of 
the  court,  the  payment  of  his  dues,  and  the  usual  oath, 
which  was  the  one  originally  prescribed. 

Willis,  in  his  "  History  of  the  Courts  and  Lawyers  of 
Maine,"  says  that  the  profession  of  law  made  slow  progress 
in  the  province,  owing  to  the  unsettled  state  of  civil  afiairs 
and  trouble  with  the  Indians,  for  more  than  a  century  after 
the  beginning  of  colonization.  "  It  was  not  until  after  all  fear 
of  Indian  depredations  had  been  removed  that  encourage- 
ment was  given  for  permanent  occupation  and  extensive 
improvement.  And  it  was  not,  therefore,  until  that  very 
period  that  educated  lawyers  began  to  seek  this  territory 
for  the  practice  of  their  profession." 

NOAH  EMERY. 
Noah  Emery,  a  native  of  Kittery,  was  the  earliest  resi- 
dent lawyer  in  Maine.  Although  not  specially  educated 
for  the  bar,  he  possessed  much  legal  acumen  and  good  abil- 
ities. His  trade  was  that  of  a  cooper,  and  he  began  the 
practice  of  law  in  1725.  He  was  descended  from  Anthony 
Emery,  who  came  to  America  from  Romsey,  England,  with 
his  brother  John,  and  settled  in  Kittery,  where,  and  through 
Maine  and  New  Hampshire,  his  descendants  are  numerous 


76 


HISTORY   OF   YORK   COUNTY,  MAINE. 


and  many  of  them  distinguished.  Noah  Emery  was  the 
sou  of  Daniel  Emery  and  EHza,  a  daughter  of  William 
Gowen,  and  was  born  in  that  part  of  ancient  Kittery  now 
Eliot,  Dec.  11,  1699.  He  married  for  his  first  wife  Eliza- 
beth Chick,  of  Kittery,  Jan.  22,  1722,  and  for  hi.s  second 
wife  Mrs.  Sarah  Cooper,  of  Berwick,  Oct.  30,  1740.  His 
will,  dated  Jan.  1,  1761,  was  approved  Jan.  6,  1762;  in 
this  he  names  but  five  children,  viz.,  his  eldest  son  Daniel, 
Noah,  Richard,  Japheth,  and  John.  To  Noah  and  Rich- 
ard he  devLsed  lands  in  New  Hampshire,  from  which  it  is 
inferred  by  Mr.  Willis  that  he  was  the  ancestor  of  the  Ex- 
eter family,  in  which  the  grandfather  and  father  of  Judge 
Nicholas  Emery,  formerly  of  Portland,  were  named  Noah. 
They  were  probably  the  son  and  grandson  of  the  subject  of 
this  notice.  Mr.  Emery  had  an  extensive  legal  practice, 
and  was  several  times,  between  1741  and  1759,  appointed 
king's  attorney.     He  died  in  1762. 

CALEB    EMERY. 

Caleb  Emery,  who  was  either  a  brother  or  a  cousin  of 
Noah  Emery,  succeeded  him  iu  practice.  He  was  admitted 
to  the  bar  of  the  Common  Pleas  in  York  County  in  1750, 
as  appeal's  fi-om  a  record  of  his  oath  before  the  Judges,  Sir 
William  Pepperell,  Jeremiah  Moultou,  and  Simon  Frost. 
Besides  his  professional  duties,  Mr.  Emery  was  generally 
employed  in  agricultural  pursuits.  He  commenced  prac- 
tice iu  Kittery,  whence  he  subsequently  removed  to  York. 
In  1761  he  was  appointed  king's  attorney  by  the  Common 
Pleas, — the  duties  of  this  ofijce  being  similar  to  that  of 
county  or  district  attorney  at  the  present  day.  He  retired 
from  practice  during  the  war  of  the  Revolution,  and  ap- 
pears never  to  have  resumed  it. 

JOHN    EJIERT. 

John  Emery,  another  one  of  this  family,  was  in  practice 
as  a  lawyer  in  1752  ;  but  little  has  been  recorded  of  his 
connection  with  the  courts,  from  which  it  has  been  inferred 
that  his  practice  was  not  continued  long. 

We  find  in  Willis'  ''  History"  the  following  notes  of 
irregular  practice  taken  from  the  York  records  : 

"  In  the  July  term,  1767,  out  of  twenty-five  entries,  Thomas  Brag- 
don,  John  Frost,  Col.  Donnell,  anil  Col.  Sparhawk  made  ten,  while 
John  Sullivan  made  five,  James  Sullivan  two,  and  David  Sewall  eight. 
In  the  April  term,  1774,  AVyer,  of  Falmouth,  made  twenty  entries, 
Caleb  Emery  seven,  Sewall  thirty-two,  James  Sullivan  twenty-four, 
and  John  Sullivan  nine  :  irregular  practitioners  but  six.  John  Adams 
(subsequently  President  of  the  United  States),  in  his  diary,  speaks 
repeatedly  of  the  evils  arising  from  the  practice  of  uneducated  and 
ignorant  men,  as  deputy  sheriffs,  etc.,  drawing  writs  and  other  pro- 
ceedings. It  became  so  great  an  abuse  that  it  was  prohibited  by  law. 
Under  date  of  1763  (he  says)  the  bar  agreed  upon  four  rules :  1st,  That 
nobody  should  enter  a  suit  but  the  plaintiff  himself,  or  some  sworn 
attorney,  and  that  a  general  power  should  not  be  admitted.  2d.  That 
no  attorney's  fee  should  be  allowed  where  the  declaration  was  not 
drawn  by  the  plaintiff  or  a  sworn  attorney.  :id,  That  no  attendance 
should  be  taxed,  unless  the  party  attended  personally,  or  by  a  sworn 
attorney.  4th,  That  no  attorney  be  allowed  to  practice  in  the  Su- 
perior or  Inferior  Courts,  unless  duly  sworn.  When  these  rules  were 
preseused  to  the  court  for  adoption,  James  Otis  sharply  opposed 
them,  on  the  ground  that  *  all  schemes  to  suppress  pettifoggers  must 
re:,  un  ihe  honor  of  the  bar.'  The  luemljcrs  of  the  bar  were  indig- 
nant at  Otis  for  his  opposition,  and  abused  him  without  measure. 
Mr.  Adams  says  that  soon  after  his  admission  to  the  bar,  in  175S,  he 
ound  the  *  practice  of  law  was  grasped   into  the  hands  of  deputy 


sheriffs,  pettifoggers,  and  even  constables,  who  filled  all  the  writs 
u]ion  bonds,  promissory  notes,  and  accounts,  and  received  the  fees 
established  for  lawyers,  and  stirred  up  many  unnecessary  suits.'" 

DAVID    SEWALL. 

David  Sewall,  a  native  of  York,  born  in  1735,  was  de- 
scended from  Henry  Sewall,  the  first  emigrant  of  the  name, 
through  John  Sewall,  son  of  Henry  and  brother  of  Chief 
Justice  Stephen  Sewall.  He  was  a  classmate  at  Harvard 
College  with  John  Adams  and  Charles  Cushing,  where  he 
graduated  in  1755,  and,  after  studying  law  with  Judge 
William  Parker,  of  Portsmouth, — whose  daughter,  Mary, 
he  afterwards  married, — established  himself  in  practice  at 
York  in  1759.  He  continued  to  practice,  with  much  suc- 
cess, in  connection  with  his  duties  as  register  of  probate,  to 
which  oflBce  he  was  appointed  in  1766,  until  his  appointment 
as  associate  justice  of  the  Supreme  Court  of  Massachusetts 
in  1777.  After  an  honorable  service  of  twelve  years  in 
this  court  he  was  appointed  by  President  Washington,  in 
1789,  a  judge  of  the  United  States  Court  for  the  District 
of  Maine.  We  give  the  commission,  together  with  the  com- 
mencement of  the  record  of  the  court,  which  was  made 
in  the  elegant  handwriting  of  Henry  Sewall,  the  first  clerk : 

"  Records  of  the  District  Court  of  the  U.  S.,  begun  and  held  at  Port- 
land, within  and  for  the  District  of  Maine,  on  the  first  Tuesday 
of  December,  a.d.  1789,  being  the  fifth  day  of  the  same  month. 
"  The  court  being  opened,  the  commissions  following  were  read : 
[seal.]  "George  Washixgtox,  President  of  the  U.  S.  of  A. 
"To  all  irho  shall  tee  these  presents,  Greeting: 

"  Know  ye  that,  rei)Osing  special  trust  and  confidence  in  the  wisdom, 
uprightness,  and  learning  of  David  Sewall,  of  Maine  District,  Esq.,  I 
have  nominated,  and  by  and  with  the  advice  and  consent  of  the  Senate, 


I  appo 


him  Judge 


,  Cour 


nd  fer  the  said  Dis- 
trict ;  and  do  authorize  and  empower  him  to  execute  and  fulfill  the 
duties  of  that  office  according  to  the  Constitution  and  Laws  of  the 
U.  S.  And  to  have  and  to  hold  said  office,  with  all  the  powers,  priv- 
ileges, and  emoluments  to  the  same  of  right  pertaineth  unto  to  him, 
the  said  David  Sewall,  during  his  good  behavior." 

The  commission  is  dated  Sept.  26,  1789,  and  signed 
"  George  Washington." 

Dec.  1,  1789,  Judge  Sewall  took  the  oath  prescribed  by 
law  before  Samuel  Freeman,  Richard  Codman,  John  Froth- 
ingham,  and  Daniel  Davis,  justices  of  the  peace. 

On  the  same  day  the  oaths  prescribed  by  law  were  re- 
spectively administered  by  Judge  Sewall  to  William  Lith- 
gow,  Jr.,  as  district  attorney,  aud  to  Henry  Dearborn  as 
marshal,  whose  commissions  also  bear  date  Sept.  26,  1789. 

The  next  year  after  his  appointment  it  fell  to  the  lot  oi 
Judge  Sewall  to  have  the  first  trial  for  piracy  which  had 
occurred  under  the  new  government.  Tiie  prisoner — 
Thomas  Bird — was  convicted  and  executed  in  Portland  in 
June,  1790.  Gen.  Henry  Dearborn  was  marshal,  and 
officiated  at  the  execution.  Judge  Sewall  held  this  office 
until  1818,  discharging  its  duties  with  great  fidelity  and 
urbanity,  when  the  infirmities  of  age  admonished  him  to 
retire  from  all  active  labors.  He  was  president  of  the 
Board  of  Overseers  of  Bowdoin  College  fourteen  years, 
and  nearly  seventeen  years  register  of  probate  in  I'ork 
County.  He  died  in  1825,  at  the  age  of  ninety,  having 
filled  the  office  of  judge  forty-one  years.  He  left  no  fam- 
ily. Judge  Sewall  was  a  man  of  great  bene 
suming  iu  his  deportment,  social  and  amiable  i 
and  of  great  purity  of  character. 


MOSES  EMERY, 


the  oldest  member  of  the  York  County  bar,  was  born  July  IC, 
1794,  at  Minot  Corners,  Me.  The  name  of  Emery  is  of  Nor- 
man origin  ;  was  introduced  into  England  in  1066  by  Gilbert 
D' Armory,  of  Tours,  in  Normandy,  a  follower  of  William  the 
Conqueror,  and  with  him  at  the  battle  of  Hastings.  In  1635, 
John  and  son,  John,  and  Anthony,  his  brother,  born  in  Romsey, 
in  Nantes,  England,  embarked  from  Southampton  in  the  ship 
"  James,"  Capt.  Cooper,  and  landed  in  Boston,  Mass.,  June  3d  of 
that  year.  They  at  once  proceeded  to  Newbury,  where  John 
settled,  and  died  in  1683.     Anthony  came  to  Kittery,  Me. 

Moses  Emery's  grandfather,  Moses,  came  from  Newbury,  and 
settled  in  Minot,  Androscoggin  Co.,  where  Moses  Emery,  Jr.^ 
father  of  the  subject  of  this  sketch,  was  born  in  1772,  and  was 
the  first  white  male  child  born  in  that  town.  He  married 
Susannah  Woodward,  of  Cape  Ann,  who  was  born  in  1775, 
and  died  in  1845.  He  died 
in  Minot,  at  the  age  of  eighty- 
seven.  Moses  remained  with 
his  parents  and  grandparents 
until  seventeen  years  of  age, 
and  became  inured  to  more 
than  ordinary  hardships  dur- 
ing boyhood.  It  was  during 
this  period  of  his  life  that  he 
conceived  the  idea  of  obtaining 
an  education.  In  this  project 
he  was  strongly  opposed  by 
his  father,  who,  like  many  men 
of  the  early  days,  thought 
manual  labor  the  only  way  to 
obtain  an  honest  livelihood. 

With  the  assistance  of  his 
Uncle  Stephen,  afterwards 
judge  of  probate,  attorney-gen- 
eral, and  judge  of  the  District 
Court  of  Maine,  he  obtained 
some  Latin  books,  and,  unaided 
by  teachers,  during  his  times  of 
rest  and  nights  gained  a  good 
knowledge  of  Virgil,  Sallust, 
and  Cicero.  In  the  fall  of 
1813  he  attended  Bridgton 
Academy  and  pursued  the 
study  of  Greek,  and  the  fol- 
lowing winter  taught  school ; 

but  his  labors  were  all  at  once  cut  short,  when  his  father  came 
for  him  and  he  was  obliged  to  return  to  the  farm.  During  this 
experience  away  from  home  he  had  saved  forty  dollars,  besides 
paying  all  his  expenses. 

In  1814  he  went  to  Brunswick  after  his  Uncle  Stephen  to 
come  to  Minot  to  spend  his  vacation,  and,  through  his  influence 
while  there,  was  examined,  passed  favorably  by  the  board,  re- 
ceived his  ticket  of  admission  to  Bowdoin  College,  with  leave  of 
absence  for  one  year. 

Upon  his  return  home  his  certificate  cleared  him  from  a 
draft  then  being  made  to  protect  the  country  from  the  invasion 
of  the  British  fleet,  and  was  also  a  sudden  surprise  to  his  father, 
who  knew  nothing  of  his  fitting  for  college,  and  at  once  put 
Moses  in  charge  of  his  uncle,  Nathan  Emery,  a  Methodist 
minister  in  Brooklyn,  N.  Y.,  who  got  him  a  place  in  a  dry-goods 
store  on  Broadway,  New  York,  as  cashier.  In  August,  1815, 
having  reached  his  majority,  he  came  to  Boston  by  boat, 
thence  to  Brunswick  on  foot,  and  upon  examination  was  admitted 
to  the  sophomore  class  of  Bowdoin  College,  fron;  which  he  grad- 


uated in  1818.  During  his  college  course  he  was  a  teacher  at 
Brunswick,  in  the  Buckfield  High  School  and  at  Hebron  Acad- 
emy, to  get  funds  to  complete  his  college  course.  In  college  he 
excelled  in  mathematics  and  the  languages,  and  ever  since  he 
has  had  a  fondness  for  their  review,  and  even  in  1879,  at  the 
age  of  eighty-four,  he  is  engaged  in  a  review  of  the  Latin. 

Mr.  Emery  studied  law  with  Judge  Bailey,  at  Wiscasset,  and 
was  there  admitted  to  the  bar  in  August,  1821,  where  he  re- 
mained in  practice  with  the  judge  and  by  himself  until  August, 
1825,  when  he  married  Sarah  C,  daughter  of  Marshal  Thorn- 
ton, and  settled  in  Saco,  where  he  has  been  in  the  practice  of 
the  law  since.  He  found  a  galaxy  of  talent  at  the  York  bar. 
There  were  John  Holmes,  John  and  Ether  Shipley,  Daniel 
Goodenow,  John  Fairfield,  Nathan  Clifford,  and  others ;  but  he 
soon  gained  a  large  practice,  and  held  it  until  he  was  sixty- 
five  years  old,  when  he  began 
to  give  up  his  court  practice  to 
his  son,  George  A.,  and  has 
since  confined  himself  to  ofiice 
work. 

Mr.  Emery  was  never  a 
studied  orator,  but  always 
aimed  to  reach  the  sympathies 
and  the  consciences  of  the  jury. 
He  always  took  a  deep  interest 
in  equity  cases,  and  such  was 
his  success  that  in  nineteen 
eases  he  only  lost  two.  He  is 
known  to  the  bar  of  York  and 
adjoining  counties  as  a  lawyer 
of  sound  discretion,  safe  coun- 
selor, and  honest  in  the  trial 
of  a  cause,  and  his  residence 
in  Saco  for  a  period  of  sixty- 
four  years  has  made  his  name 
familiar,  both  as  a  citizen  and 
a  lawyer  ;  as  a  man,  esteemed 
for  his  integrity  of  purpose, 
his  honesty  of  conviction,  and 
for  his  strong  will  power  to 
carry  forward  whatever  he  con- 
ceives to  be  right  to  a  success- 
ful issue.  In  politics  he  was 
a  Whig  until  Webster  made 
his  7th  of  March  speech ;  was  a 
member  of  the  county  committee  for  twenty  years,  and  of  the 
State  committee  four  years.  Without  solicitation  on  his  part  or 
being  nominated,  he  was  once  voted  for  for  member  of  Congress, 
and  came  within  three  hundred  votes  of  an  election.  In  1836-37 
he  was  a  member  of  the  Legislature,  and  obtained  against  the 
opposition  of  the  Portland  delegation  and  John  Holmes  the 
charter  of  the  Portland,  Saco  and  Portsmouth  Railroad,  which 
charter  he  draughted.  He  has  been  fully  identified  with  the 
interest  of  law  and  order  and  the  education  of  the  young ;  and 
when  his  place  in  society  becomes  vacant  the  people  of  Saco  will 
miss  one  of  their  most  honored  and  useful  citizens. 

His  children  living  are  Thornton  C,  of  Nevada  ;  Charles  C, 
a  farmer  in  Kansas ;  and  George  A.,  a  graduate  of  Bowdoin  in 
the  class  of  '63,  studied  law  with  his  father,  was  admitted  to 
the  bar  in  1866,  and  has  practiced  law  in  Saco  since.  He  was 
first  judge  of  the  Municipal  Court  of  the  city  of  Saco,  from 
March,  1867,  for  four  years ;  appointed  recorder  in  1871  for 
four  years ;  acting  judge,  from  April,  1873,  to  March,  1874 ; 
and  reappointed  recorder  in  March,  1878. 


^■^^2^, 


"V 


BENCH  AND  BAR  OF  YORK  COUNTY. 


DANIEL    SEWALL. 

Dauiel  Sewall  was  born  March  28,  1755.  He  was  ap- 
pointed register  of  probate  by  Governor  Hancock,  March, 
1783,  and  held  the  office  till  1820.  In  1792  was  appointed 
clerk  of  the  Court  of  Common  Pleas ;  had  been  assistant 
clerk  to  Timothy  Frost  eleven  years.  His  contract  with 
Mr.  Frost  at  first  was  to  work  for  him  from  sun  to  sun  for 
one  shilling  per  day.  When  the  law  of  1797  made  clerks 
of  the  Common  Pleas  recording  clerks  of  the  Supreme 
Court,  he  received  that  appointment  for  York  County,  and 
held  it,  with  the  exception  of  1811,  till  1820.  He  was 
appointed  postmaster  of  York  by  Hon.  Timothy  Pickering 
in  1792,  whicii  office  he  retained  fifteen  years.  In  1815 
to  Kennebunk,  where  he  died. 


HENRY  SEWALL. 
Henry  Sewall,  already  referred  to  as  the  first  clerk  of  the 
District  Court  of  the  United  States  for  Maine,  was  the 
eldest  brother  of  Daniel  Sewall,  and  was  born  Oct.  24,  1752  ; 
joined  the  army  at  the  age  of  twenty-three  and  served  hon- 
orably through  the  Revolution,  rising  to  the  rank  of  cap- 
tain. 

DANIEL    PARNHAM. 

Daniel  Farnham  was  a  lawyer  of  ability,  who  practiced 
extensively  in  the  courts  both  of  York  and  Cumberland 
Counties  before  the  Revolution.  He  was  a  graduate  of 
Harvard  College  in  1739,  and  was  several  times  appointed 
county  attorney  for  York  County.  He  died  in  1776,  aged 
fifty-six  years.  His  daughter,  Sibyl,  married  Dr.  Micajah 
Sawyer,  a  celebrated  physician  of  Newburyport,  and  was 
the  mother  of  Dr.  William  Sawyer,  Harvard  College,  1788, 
who  died  in  Boston  in  1859,  aged  eighty-eight.  He  left 
also  a  son,  William.  Levi  Lincoln,  the  elder,  of  Worces- 
ter, studied  law  with  Mr.  Farnham. 

JAMES   SULLIVAN. 

James  Sullivan  was  among  the  most  prominent  and 
widely-known  lawyers  of  this  county.  He  was  born  in 
Berwick  in  1744,  studied  law  with  his  brother  John,  in 
Durham,  New  Hampshire,  and  opened  an  office  in  George- 
town, on  the  Kennebec,  in  1767.  He  remained  there  but 
two  years,  when  he  removed  to  Biddeford.  He  was  a  very 
active  and  influential  Whig  at  the  outbreak  of  the  Revolu- 
tion, and  from  its  commencement  to  the  close  of  his  life,  in 
1808,  was  constantly  in  official  stations,  as  member  of  the 
Provincial  and  Continental  Congresses,  member  of  the 
Legislature,  commissary  of  troops,  judge  of  the  Superior 
Court,  attorney -general,  commissioner  of  tiie  United  States, 
and  Governor  of  Massachusetts.  He  died  Dec.  10,  1808. 
Amidst  all  these  multiplied  duties,  he  found  time  to  engage 
largely  in  literary  labors,  as  the  historian  of  Maine,  a  con- 
tributor to  the  collections  of  the  Massachusetts  Historical 
Society,  of  which  he  was  a  prime  mover  and  the  first  pres- 
ident, and,  as  a  politician,  to  the  public  press.  No  man  of 
his  time  was  more  full  of  active  and  successful  labor  than 
this  accomplished  lawyer  and  able  advocate. 

At  a  meeting  of  gentlemen  from  several  towns,  held  in 
Falmouth,  Nov.  4,  1775,  at  Col.  Tyng's  house.  Col. 
Mitchell   moderator,    "  Mr.    James   Sullivan    was   chosen 


commander-in-chief  of  the  militia  and  other  companies 
now  in  pay  in  the  province."  "  Voted,  that  four  persons 
be  appointed  to  assist  Mr.  Sullivan.  Voted,  that  Col. 
Mitchell  be  second  in  command ;  Col.  Fogg,  third."  Mr. 
Sullivan  was  then  but  thirty-one  years  old. 

The  following  characteristic  language  is  from  a  letter  by 
him  to  Samuel  Freeman,  then  in  the  Provincial  Congress, 
Jan.  21,  1776: 

"  I  am  surprised  the  militia  bill  is  where  you  mention  in  your  last. 
I  fear  our  country  will  owe  its  destruction  to  thesqueamishncss  of  our 
General  Court.  Bold  and  manly  strides  are  necessary  in  war  ;  what 
is  ilone  amiss  in  war  may  be  set  right  in  time  of  peace." 

"  No  lawyer,"  says  Willis,  "  was  thought  better  able  than  he  to  com- 
pete with  the  able  jurists  of  Massaohu.setts  ;  and  he  and  Par.=ons  were 
very  often  engaged  on  opposite  sides  of  a  controversy,  when  the  con- 
flict was  severe,  and  in  a  high  degree  interesting.  Their  strong  an- 
tagonism in  politics  also  gave  a  zest  to  their  encounters  ;  which,  how- 
ever, from  men  of  such  superior  intellect,  were  generally  courteous 
and  respectful.  On  one  occasion  Sullivan  became  much  excited  in  a 
cause  in  which  he  was  opposed  by  Parsons,  and  e.\claimed,  '  I  thank 
God,  I  never  took  a  bribe  from  any  man.'  Parsons  coolly  replied,  *  I 
thank  God.  I  never  met  a  man  who  dared  oH'er  me  one.'  " 

It  has  been  said  that  Governor  Sullivan,  when  engaged 
in  the  examination  of  aged  witnesses  in  court,  would  often 
lead  his  inquiries  into  a  historical  line,  in  order  to  extract 
information  which  would  enable  him  to  accumulate  mate- 
rials for  his  "  History  of  Maine." 

Biographies  of  these  distinguished  men  have  recently 
been  published  in  extended  form, — that  of  Parsons,  by  his 
son,  the  Professor  of  Law  at  Harvard,  and  that  of  Sulli- 
van by  his  grandson,  Blr.  Amory,  of  Boston. 

The  three  brothers,  John,  Ebenezer,  and  James  Sulli- 
van, were  all  distinguished  men.  They  possessed  ability, 
wit,  and  astuteness,  which  they  inherited  from  both  father 
and  mother,  who  were  natives  of  Ireland,  and  settled  in  this 
county  in  1723.  The  father,  William  Sullivan,  was  a 
highly-educated  man,  well  skilled  in  classical  literature,  and 
a  teacher  of  the  classics.  He  died  in  Berwick,  in  1796,  at 
the  age  of  one  hundred  and  four  years.  The  son,  John, 
after  trying  his  hand  at  sea,  studied  law  in  the  office  of  Mr. 
Livermore,  of  Portsmouth,  commenced  practice  in  New 
Market,  New  Hampshire,  whence  he  soon  moved  to  Dur- 
ham, where  he  occupied  a  high  position  as  a  lawyer,  gen- 
eral, member  of  Congress,  attorney-general,  and  President 
of  New  Hampshire,  and  died,  aged  fifty-four,  in  1795. 

William  Symmes,  a  famous  lawyer  of  Portland,  fre- 
quently attended  the  courts  in  York.  In  the  course  of  a 
trial  in  an  action  of  trespass  concerning  a  lot  of  boards, 
Symmes,  in  his  formal,  dignified  manner,  spoke  of  the 
"  sanctity"  of  this  pile  of  lumber.  Ebenezer  Sullivan  and 
other  members  of  the  bar  were  amused  with  the  use  of  the 
word  in  that  connection,  and  Sullivan  wrote  an  impromptu 
nearly  as  follows : 

"  Moses  of  old,  who  led  the  Jewish  race, 
Forbid  but  one,  and  that  the  holy  place; 
Even  God  himself  forbade  that  wood  or  stone 
Should  have  the  homage  due  to  Him  .alone ; 
But  Symmes,  with  wisdom  greater  than  divine. 
Finds  sanctity  in  boards  and  slabs  of  pine." 

It  was  very  common  for  the  wits  of  the  bar  at  that  time 
to  amuse  themselves  in  writing  squibs  and  bon  »io<3»during 

the  tedious  processes  of  trials. 


HISTORY   OF   YORK    COUNTY,  MAINE. 


CUSTOMS    OF   THE    EARLY    COURTS. 

It  was  the  custom  among  the  early  members  of  the 
courts  while  on  the  circuits  to  have  evening  gatherings,  at 
which  the  favorite  beverages  of  the  day,  flip  and  punch, 
were  freely  circulated ;  and  the  gay  seasons  were  often  pro- 
tracted through  the  long  hours  of  the  night.  On  these 
occasions  they  frequently  held  mock  courts,  in  which  one 
of  their  number  was  appointed  judge,  and  trials  took  place 
for  breaches  of  good  fellowship,  or  some  imaginary  offenses. 
On  one  of  these  occasions,  in  York  County,  Mr.  Lowell, 
afterwards  United  States  judge,  arrived  during  the  session 
of  the  court  at  Biddeford,  and  tying  his  horse  at  the  door 
of  the  tavern,  went  in  to  seek  lodgings.  But  the  landlord 
being  unable  to  accommodate  him,  he  was  obliged  to  obtain 
other  quarters,  and  inadvertently  left  his  horse  all  night  at 
the  door  where  he  was  first  hitched.  This  was  considered 
in  the  mock  court  a  high  offense,  for  which  he  was  called 
to  answer ;  the  landlord  was  also  placed  on  trial  for  the 
neglect  of  the  horse.  David  Farnham  was  appointed  judge. 
After  a  long  hearing  and  argument,  the  landlord  was  fined 
a  bowl  of  good  punch  for  his  neglect,  and  Lowell  was  fined 
twice  as  much  for  suffering  the  poor  animal  to  remain  all 
night  at  the  door.  The  sentence  was  carried  into  imme- 
diate execution.  Mr.  Lowell,  born  in  Newbury,  in  1743, 
became  a  distinguished  judge  of  the  United  States  Court, 
and  father  of  the  no  less  distinguished  sons,  John,  Francis 
C,  and  Charles  Lowell.     He  died  in  1802.* 

"  On  another  occasion,  Noah  Emery  was  accused  of  call- 
ing High-Sheriff  Leightou  a  fool.  For  this  weighty  offense 
he  was  brought  before  the  court,  and  the  allegation  being 
proved,  the  court,  taking  into  consideration  the  circum- 
stances of  the  offense,  ordered  Emery  to  pay  one  pipe 
of  tobacco,  and  the  sheriff  to  pay  one  mug  of  flip  for  de- 
serving the  appellation.  The  equity  of  this  admirable 
institution  will  be  at  once  perceived  in  the  exact  justice 
that  was  measured  out  to  both  parties,  the  penalties  always 
inuring  to  the  benefit  of  the  company,  of  which  both  ac- 
cuser and  accused  were  partakers." 

JUDGE    THACHER. 

The  successor  of  Mr.  Sullivan  at  Biddeford  was  George 
Thacher,  a  descendant  from  Anthony  Thacher,  who  came 
to  this  country  in  1633.  Mr.  Thacher  was  born  at  Yar- 
mouth, Cape  Cod,  April  12,  1754.  His  father  was  Peter 
Thacher,  and  his  mother  a  daughter  of  Geoige  Lewis,  of 
Barnstable.  He  graduated  at  Harvard  in  1776,  and  pur- 
sued what  was  then  a  common  path  from  college  to  the 
bar,  that  of  school-teaching,  while  preparing  for  his  profes- 
sion. He  studied  law  with  Shearjashub  Bourne,  of  Barn- 
stable, and  commenced  practice  in  York  in  1780  or  1781. 
In  1782  he  removed  to  Biddeford,  where  the  greater  part 
of  his  life  was  spent.  In  1788,  Mr.  Thacher  was  elected  a 
member  of  the  old  Congress  ;  on  the  adoption  of  the  Con- 
stitution of  the  United  States,  Maine  was  constituted  one 
district,  and  he  was  elected  the  first  representative  from 
Maine  in  the  new  Congress.  He  held  the  office  by  succes- 
sive elections  till  1801,  when,  on  being  appointed  a  judge 
of  the  Supreme  Court  of  Massachusetts,  he  resigned  his 


Courts  of  Ma 


,  p.  102. 


seat.  He  was  the  only  representative  from  Maine  till  1793, 
when  it  became  entitled  to  three  representatives,  and  Peleg 
Wad!5worth,  of  Portland,  and  Henry  Dearborn,  of  Gardiner, 
were  chosen  as  his  colleagues. 

While  in  Congress  Judge  Thacher  took  an  active  part  in 
the  important  debates  of  the  times,  and  his  speeches  were 
able  and  forcible,  and  rendered  peculiarly  effective  by  his 
masterly  wit  and  satire.  The  anecdote  of  the  challenge 
sent  to  him  while  in  Congress  is  familiar.  A  member  had 
offered  a  proposition  that  the  coin  to  be  issued  from  the 
mint  should  bear  the  figure  of  an  eagle.  Mr.  Thacher,  by 
way  of  banter,  offered  an  amendment,  that  the  effigy  should 
be  a  goose,  for  the  old  bird,  said  he,  could  be  represented 
upon  the  large  pieces,  while  the  goslings  would  be  suitable 
for  the  small  ones.  This  he  sustained  in  a  humorous 
speech,  which  kept  the  House  in  a  merry  mood ;  he 
alluded  to  the  fitct  that  Rome  had  once  been  saved  from 
the  barbarians  by  the  cackling  of  geese.  The  mover  of 
the  bill,  assuming  that  this  was  an  attempt  to  insult  him, 
sent  a  challenge.  Mr.  Thacher  told  the  bearer  that  he  had 
no  right  to  hazard  his  life  on  such  chances,  but  would  write 
to  his  wife,  and  if  she  consented  he  would  accept  the  chal- 
lenge. But  as  a  compromise,  he  proposed  that  his  figure 
might  be  marked  on  a  barn-door,  and  if  the  challenger, 
standing  at  the  proper  distance,  hit  it,  he  would  acknowl- 
edge himself  shot.  The  gentleman's  friends  finding  they 
could  do  nothing  with  Mr.  Thacher,  abandoned  the  matter. 

Judge  Thacher  was  a  sound  and  acute  lawyer,  and  a 
good  general  scholar.  He  carried  to  the  bench  a  mind 
well  stored  with  legal  principles,  and  a  memory  always 
ready  to  furnish,  from  its  ample  stores,  authority  for  unre- 
ported cases  and  fitting  illustrations  from  observation  and 
general  literature.  His  integrity  and  impartiality  were 
never  questioned,  though  his  manner  upon  the  bench  was 
not  always  pleasant.  He  was  a  man  of  genial  temper  in 
private  life,  of  agreeable  social  habits,  and  remarkable  con- 
versational powers.  Judge  Thacher  married,  July  20, 
1784,  Mary,  daughter  of  Samuel  Phillips  Savage,  of 
Weston,  Mass.,  by  whom  he  had  five  sons  and  five  daugh- 
ters, all  of  whom  but  one  daughter  survived  him.  Of  the 
sons,  George  and  Samuel  Phillips  Savage  were  educated 
for  the  bar,  and,  after  many  years'  practice,  are  both  dead. 
In  his  domestic  relations  Judge  Thacher  was  a  kind  and 
indulgent  husband  and  father,  and  his  dwelling  of  peaceful 
enjoyment  and  generous  hospitality.  He  continued  upon 
the  bench  until  January,  1824,  and  died  in  April  of  that 
year. 

DUDLEY    HUBBARD. 

Dudley  Hul)bard  was  the  first  regularly  educated  lawyer 
who  settled  in  South  Berwick.  He  was  born  in  Ipswich, 
Mass.,  March  3,  1763,  and  was  probably  descended  from 
Col.  Nathaniel  Hubbard.  He  graduated  at  Harvard  Col- 
lege, in  the  class  of  1786,  with  Timothy  Bigelow,  Alden 
Bradford,  and  Chief  Justice  Parker.  On  leaving  college 
he  immediately  commenced  the  study  of  his  profession 
with  Daniel  Davis,  of  Portland ;  was  admitted  to  the  bar 
in  Cumberland  County  in  1789,  and  established  himself  in 
that  part  of  Berwick  which,  in  1814,  was  incorporated  as 
South  Berwick.  This  was  a  beautifiil  and  prosperous  vil- 
lage, containing  an  unusual  number  of  well-educated  and 


BENCH  AND  BAR  OF  YORK  COUNTY. 


79 


cultivated  persons.  Ebenezer  Sullivan,  a  brother  of  John 
and  James,  was  then  in  practice  there.  He  was  brilliant 
and  eloquent,  like  his  brothers,  but  irregular  and  desultory 
in  his  habits.  He  had  served  in  the  army  of  the  Revolu- 
tion, and  was  captain  of  one  of  the  two  companies  raised 
in  South  Berwick  at  the  beginning  of  the  war.  He  after- 
wards commanded  a  force  on  the  western  frontier  in  sub- 
duing the  Indians. 

Mr.  Hubbard  soon  rose  to  prominence  in  his  profession, 
many  of  his  clients  being  from  Boston,  with  which  Ber- 
wick was  much  connected  in  trade.  He  was  for  many 
years  the  leading  lawyer  of  the  York  bar,  and  occasionally 
practiced  in  other  counties.  Being  a  very  eloquent  advo- 
cate, and  uniting  with  a  fine  personal  appearance,  a  pleasing 
address  and  dignified  manners,  he  was  soon  introduced  to 
an  extensive  and  lucrative  practice.  His  large  business  and 
standing  at  the  bar  drew  numerous  students  to  his  office, 
among  whom  were  some  who  became  prominent  in  sub- 
sequent years, — such  as  Edward  P.  Hayman,  Benjamin 
Greene,  George  W.  Wallingford,  William  A.  Hayes,  Wil- 
liam Lambert,  and  Ether  Shepley,  late  chief  justice  of 
Maine. 

The  following  anecdote  is  related  of  Mr.  Hubbard  and 
Judge  Dana,  of  Fryeburg.  On  the  first  appearance  of  the 
latter  in  York  County  court,  near  the  close  of  the  last  cen- 
tury, he  took  a  letter  of  introduction  to  Mr.  Hubbard. 
But  he  seemed  to  him  so  formal  and  distant  in  his  de- 
meanor that  he  did  not  present  the  letter.  Dana  met  there 
his  classmate.  Judge  Nicholas  Emery,  who  had  just  estab- 
lished himself  at  Parsonsfield,  and  was  also  attending  his 
first  term.  As  they  were  jogging  on  together  towards 
home,  on  horseback,  Dana  told  Emery  about  his  letter  to 
Hubbard.  Emery  replied  that  he  also  had  a  similar  letter 
which  he  had  declined  presenting  for  the  same  reason. 
This  shows  how  the  reputation  and  dignity  of  Mr.  Hub- 
bard overawed  these  modest  young  men.  At  that  period 
the  intercourse  between  the  older  and  younger  members  of 
the  bar  was  much  less  free  than  at  the  present  day. 

Mr.  Hubbard's  fine  conversational  powers  and  agreeable 
address  gave  him  the  entree  into  the  best  society,  not 
only  at  home,  but  in  Portsmouth,  Boston,  and  Montreal, 
where  he  went  occasionally  to  visit  his  wife's  friends.  In 
consequence  of  a  style  of  living  and  social  entertainment 
beyond  his  income  or  means,  he  became  later  in  life  em- 
barrassed and  despondent,  and  his  cares  pressing  upon  him, 
were  supposed  to  have  shortened  his  days.  He  died  sud- 
denly, April  26,  1816,  at  the  age  of  fifty-three. 

Mr.  Hubbard  married  Olive  Dame,  of  Trois  Rivieres, 
Canada,  a  lady  of  great  personal  beauty  and  accomplish- 
ments, who  survived  her  husband  but  a  few  years.  She 
was  educated  at  a  convent  in  Montreal.  They  left  one 
daughter,  who  married  Benjamin  Nason,  of  South  Berwick, 
and  the  daughter  of  the  latter  is  the  wife  of  Edward  E. 
Bourne,  Jr.,  of  Kennebunk,  son  of  Judge  Edward  E. 
Bourne. 

GEORGE   STACr. 

George  Stacy,  another  member  of  the  York  bar,  was  con- 
temporary with  Mr.  Hubbard.  He,  too,  was  a  native  of 
Ipswich,  born  in  1764,  and  graduated  at  Harvard  College 
in  1784.     After   beiuy;  admitted  to  the  bar  he  established 


himself  at  Biddeford  about  1789,  where  his  career  as  an 
attorney  was  short,  owing  to  some  social  irregularity  which 
obliged  him  to  make  a  sudden  departure  from  the  place. 
He  was  afterwards  consul  at  the  Isle  of  France,  and  died 
at  St.  Mary,  Georgia,  in  1808. 

PRENTISS  MELLEN. 
Prentiss  Mellen,  the  distinguished  chief  justice  of  Maine, 
became  a  practitioner  of  law  at  Biddeford  in  July,  1792. 
He  was  the  eighth  of  nine  children  of  Rev.  John  Mellen, 
of  Sterling,  Mass.,  and  was  born  in  that  town  Oct.  11, 
1764.  His  mother  was  Rebecca  Prentiss,  daughter  of  Rev. 
John  Prentiss,  of  Lancaster.  His  eldest  brother,  Henry, 
and  himself  were  fitted  for  college  by  their  father,  who  was 
a  graduate  of  Harvard  in  1741,  and  entered  Harvard  to- 
gether in  1780,  from  which  they  took  their  degree  in  1784, 
in  the  same  cla.ss  with  John  Abbott,  Silas  Lee,  and  others 
of  future  distinction.  For  a  year  after  graduating,  Mr. 
Mellen  was  a  private  tutor  in  the  family  of  Joseph  Otis,  at 
Barnstable,  where  he  pursued  his  legal  studies  in  the  office 
of  Shearjasbub  Bourne,  and  was  admitted  to  the  bar  in 
Taunton  in  1788.  On  that  occasion,  in  conformity  with  an 
ancient  custom,  he  treated  the  court  and  bar  to  half  a  pail 
of  punch.  His  own  version  of  the  treat  was  as  follows: 
"  According  to  the  fashion  of  that  day,  on  the  great  oc- 
casion, I  treated  the  judges  and  all  the  lawyers  with  about 
half  a  pail  of  punch,  which  treating  aforesaid  was  com- 
monly called  the  '  colt's  tail.'  " 

Mr.  Mellen,  after  practicing  in  Bridgewater  till  November, 
1791,  was  induced  to  remove  the  next  year  to  Biddeford 
through  the  influence  of  his  firm  and  constant  friend.  Judge 
Thacher,  who  was  then  representative  in  Congress.  Here  he 
commenced  that  career  of  successful  and  honorable  practice 
which  placed  him  at  the  head  of  the  bar  in  Maine,  and  at 
the  head  of  the  highest  judicial  tribunal  of  the  State.  His 
beginning  in  Biddeford  was  of  the  most  humble  kind,  and 
may  give  an  idea  of  what  professional  men  had  to  endure 
in  that  day.  "  I  opened,"  he  said,  "  my  office  in  one  of 
old  Squire  Hooper's  front  chambers,  in  which  were  then 
arranged  three  beds  and  half  a  table  and  one  chair.  My 
clients  had  the  privilege  of  sitting  on  some  of  the  beds.  In 
this  room  I  slept,  as  did  also  sundry  travelers,  frequently, 
the  house  being  a  tavern."  The  population  of  Biddeford 
did  not  then  exceed  eleven  hundred,  and  that  of  the  whole 
county,  which  embraced  a  large  part  of  Oxford,  was  about 
twenty-eight  thousand, — all  served  by  three  attorneys,  viz., 
Dudley  Hubbard,  of  Berwick,  and  Messrs.  Thacher  and 
Mellen,  of  Biddeford.  There  was  then  one  term  of  the 
Common  Pleas  Court  held  at  Biddeford,  and  one  term  of 
the  Supreme  Court  at  York  for  the  year  in  this  county,  and 
one  term  of  the  Supreme  Court  in  each  of  the  counties  of 
Cumberland  and  Lincoln  for  jury  trials,  which  was  all  the 
favor  the  highest  judicial  tribunal  was  then  permitted  to  ex- 
tend to  the  district  of  Maine.  The  law  term  for  Maine  was 
held  in  Boston,  and  the  records  kept  there.  Governor  Sulli- 
van, who  had  practiced  here,  had  removed  to  Boston,  and  at 
the  time  of  which  we  are  speaking  was  attorney-general  of 
Blassachusetts. 

From  1804  till  his  appointment  as  chief  justice  in  1820, 
Mr.  Mellen  practiced  in  every  county  in  the  State,  and  was 


HISTORY   OF    YORK   COUNTY,  MAINE. 


engaged  in  every  prominent  cause.  In  1806,  his  practice 
in  Cumberland  County  beeomiug  extensive,  he  removed  to 
Porthmd,  where  he  met  able  and  accomplished  rivals  in  such 
men  as  Hopkins,  Symmes,  Davis,  Chase,  and  Whitman  ; 
but  he  was  the  peer  of  the  best  legal  talent  of  the  State. 
"  His  most  constant  opponent,"  said  Professor  Greenleaf, 
"  was  Judge  Wilde  :  their  forensic  warfare,  adopted  by  tacit 
consent,  was  to  place  the  cause  on  its  merits,  produce  all 
the  facts,  and  fight  the  battle  in  open  field." 

The  life  of  Mr.  Mellen  was  not  entirely  absorbed  by  his 
profession.  In  1808,  '9,  and  '17  he  was  chosen  a  mem- 
ber of  the  Executive  Council  of  Massachusetts,  and  in  1817 
an  elector  at  large  for  President.  In  1817,  while  he  held 
the  ofiice  of  councillor,  he  was  chosen  a  senator  from  Mas- 
sachusetts in  Congress,  with  Harrison  Gray  Otis  as  his 
colleague.  This  situation  he  held  till  Maine  was  organ- 
ized as  a  State,  when,  July  20th,  he  was  appointed  chief 
justice  of  the  Supreme  Court,  receiving  the  same  year  the 
honorary  degree  of  Doctor  of  Laws  from  both  Harvard  and 
Bowdoiu  Colleges. 

He  continued  to  discharge  the  laborious  duties  of  chief 
justice  with  singular  fidelity  and  ability  until  October, 
1834,  when,  having  attained  the  age  of  seventy,  he  became 
constitutionally  disqualified  for  the  ofiice.  His  able  decis- 
ions and  eminent  labors  in  contributing  to  the  first  eleven 
volumes  of  the  Maine  Reports  are  no  small  share  of  the 
services  he  rendered  to  the  jurisprudence  of  his  country. 
Says  a  late  biographer, — 

"Never  were  strict  integrity,  nor  a  more  earnest  desire  to  remler 
exact  justice  in  every  case,  carried  to  the  bench,  and  no  judge  ever 
performed  his  duties  more  conscientiously," 

During  the  two  years  from  1838  to  1840  he  was  at  the 
head  of  a  commission  appointed  by  the  executive  to  codify 
the  public  statutes  of  the  State,  the  whole  of  which  was 
completed  under  his  supervision,  embracing  one  hundred 
and  seventy-eight  chapters  under  twelve  titles.  This  was 
adopted  by  the  Legislature,  and  constituted  the  first  volume 
of  the  Revised  Statutes.  This  labor  was  the  last  public 
service  of  his  long  and  useful  life.  He  died  on  the  last 
day  of  the  year  1840,  aged  seventy-six  years. 

The  Cumberland  Bar  erected  a  solid  and  durable  marble 
monument  to  his  memory,  with  suitable  inscriptions,  in  the 
cemetery  at  Portland,  over  his  remains. 

His  six  children  by  his  marriage  with  Miss  Sally  Hud- 
son, of  Hartford,  were  all  born  in  Biddeford.  His  oldest 
son,  Grenville,  a  graduate  of  Harvard,  1818,  is  well  known 
as  a  literary  man  and  poet.  He  died  in  1841.  His  son 
Frederick  graduated  at  Bowdoin  in  1825,  and  became  an 
artist.  He  died  in  1834.  His  daughters  are  also  de- 
ceased. 

EDWARD    P.    HAYMAN. 

Edward  Payne  Haymau  was  a  lawyer  of  South  Berwick, 
who  studied  in  the  office  of  Dudley  Hubbard,  and  was  ad- 
mitted to  the  York  bar  in  November,  1769.  In  1800  he 
was  elected  clerk  of  the  Senate  of  Massachusetts,  The 
same  year  he  was  appointed  assistant  clerk  of  the  Supreme 
Court,  and  the  next  year  one  the  clerks  of  the  Circuit 
Court,  an  office  which  embraced  also  the  county  of  Essex, 
and  which  he  held  till  the  organization  of  the  new  govern- 
ment of  Maine,  in  1820,  the  duties  of  which  he  promptly 


and  faithfully  discharged.  He  returned  to  his  profession 
on  leaving  the  office;  but  was  summoned  from  it  in  1823, 
to  assume  the  duties  of  cashier  of  the  South  Berwick 
Bank,  incorporated  that  year,  an  office  which  he  held  till 
the  time  of  his  death,  Dec.  25,  1831. 

Mr.  Hayman  was  born  in  Boston,  Feb,  22,  1771,  the 
second  son  of  Capt,  William  Hayman,  He  was  a  well-read 
and  able  lawyer,  exceedingly  methodical  and  exact  in  all 
his  labors  and  practice.  He  married,  in  1809,  Sarah,  a 
daughter  of  Rev,  John  Thompson,  of  South  Berwick,  and 
had  several  children,  who  survived  him.  As  clerk  of  the 
Supreme  Court  of  Massachusetts,  he  has  been  spoken  of  as 
"  a  model  in  that  department  of  life,"  and  also  in  "  fidelity 
to  all  his  trusts." 

CYRUS  KING. 

Cyrus  King  was  the  son  of  Richard  King,  of  Scarbor- 
ough, by  his  second  wife,  Jlary,  a  daughter  of  Samuel 
Blake,  of  York,  He  was  born  in  Scarborough,  Sept,  6, 
1772.  His  father  was  an  eminent  citizen  of  that  town,  to 
which  he  moved  in  1746,  from  Watertown,  Mass.,  where 
he  had  been  engaged  in  commercial  business,  which  he  also 
carried  on  extensively  in  Scarborough,  accumulating  a  large 
fortune,  which  is  still  enjoyed  by  some  of  his  descendants. 
No  family  in  the  State  has  been  so  productive  of  distin- 
tinguished  persons  as  this.  The  oldest  son  by  his  first 
wife,  Isabella  Bragdon,  of  York,  Rufus  King,  was  eminent 
and  prominent  in  the  civil  history  of  the  country,  from  the 
time  of  his  graduation  at  Harvard,  in  1717,  to  his  death 
in  1829.  The  own  brother  of  Cyrus,  William  King,  of 
Bath,  was  the  first  Governor  of  Maine,  and  held  numerous 
other  offices  of  high  trust  under  the  State  and  general  gov- 
ernments, which  he  ably  discharged.  The  women  of  this 
family  were  the  Doric  mothers  of  children  of  much  ability 
and  usefulness.  Mary  married  Dr.  Robert  Southgate, 
whose  numerous  family  were  conspicuous  in  the  early  part 
of  this  century ;  Paulina  married  Dr,  Allen  Potter ;  and 
Dorcas  married  Joseph  Leland,  of  Saco  ;  and  their  blood 
flows  through  many  channels,  inspiring  energy  and  use- 
fulness. 

Cyrus  King  was  the  fourth  son  and  youngest  child  of 
Richard,  and  was  two  and  a  half  years  old  when  his  father 
died ;  but  his  mother  lived  to  watch  over  and  guide  the 
expanding  faculties  of  her  son,  and  to  enjoy  the  honors 
which  he  acquired.     She  died  in  1816. 

Mr.  King  was  fitted  for  college  at  Phillips  Academy,  at 
Andover,  and  entered  Columbia  College,  New  York,  in 
1790,  from  which  he  graduated  with  the  highest  honors 
of  his  class.  He  commenced  the  study  of  law  with  his 
brother  Rufus,  in  New  York,  who  was  then  a  senator  in 
Congress,  and  on  his  being  appointed  ambassador  to  Eng- 
land, he  accompanied  him  as  his  private  secretary.  He 
remained  abroad  one  year,  and  returning,  completed  his 
legal  studies  in  the  office  of  Chief  Justice  Mellen,  at  Bid- 
deford, and  was  admitted  to  the  bar  in  1797. 

We  cannot  better  portray  the  opening  career  of  Mr. 
King  than  by  adopting  the  language  of  Mr.  Folsom  in  his 
"  History  of  Saco  and  Biddeford"  : 

"  Possessing  brilliant  and  highly-cultivated  powers  of  mind,  united 
with  habits  of  patient  and  zealous  application,  Mr.  King  soon  rose  to 
eminence  in  the  profession.     As  an  advocate  he  was  unrivaled;  his 


BENCH  AND  BAR  OP  YORK  COUNTY. 


81 


style  of  speaking  was  elevated  and  commanding,  rich  in  the  higher 
graces  of  polished  oratory,  and  at  the  same  time  argumentative  and 
convincing.  His  addresses  were  more  like  an  impetuous  torrent  than 
a  smooth  and  gentle  stream. 

"  His  ardent  temperament  and  impetuosity  as  an  advocate  some- 
times carried  him.  in  his  addresses  to  a  court  and  jury,  beyond  the 
limits  prescribed  in  some  of  Hamlet's  instructions  to  the  players." 

But  he  was  a  sound  lawyer  and  a  safe  counselor. 

At  the  height  of  party  feeling  growing  out  of  the  dec- 
laration of  war  under  Mr.  Madison's  administration,  Mr. 
King  was  elected  in  1812  to  the  Thirteenth  Congress,  the 
representative  of  the  York  District,  as  successor  to  Col. 
Richard  Cutts,  who  had  held  the  office  from  1800  ;  and  he 
was  re-elected  for  the  next  term.  He  was  an  ardent  and 
zealous  member  of  the  Federal  party,  and  entered  into  all 
their  measures  in  opposition  to  the  war  with  the  same 
heartiness  and  vehemence  which  characterized  his  impas- 
sioned addresses  at  the  bar.  He  took  a  very  active  part  in 
the  debates  through  the  four  years  that  he  held  a  seat  in 
Congress,  and  at  times  rose  to  a  height  of  eloquence  rarely 
surpassed  in  that  body.  Henry  Clay  was  Speaker  during 
the  whole  period.  The  Federalists,  though  in  a  small 
minority,  had  great  ability  among  their  representatives, 
and  it  is  said  that  none  displayed  the  graces  and  force  of 
oratory,  or  commanded  more  attention,  than  Mr.  King. 
Among  the  latest  of  his  addresses  in  the  House  was  a 
speech  on  the  repeal  of  the  internal  duties :  he  spoke  on 
the  19th  of  February,  1817,  at  considerable  length  and 
with  great  fervor.  He  returned  home  at  the  close  of  the 
session,  March  3d,  and  died  suddenly  at  Saco,  April  25th, 
deeply  lamented  by  all  who  knew  him. 

His  wife,  whom  he  married  in  October,  1797,  was  Han- 
nah, daughter  of  Capt.  Seth  Storer,  of  Saco,  by  whom  he 
had  one  son,  William  Rufus,  and  several  daughters.  His 
son  graduated  at  Bowdoin  College  in  1823,  became  a  law- 
yer, and  moved  to  the  West,  where  he  died  in  1836. 


CHAPTER  XXIII. 

BBWCH  AND  BAH— (Continued). 

Lawyers  at  Difierent  Periods  in  Maine — Lawyers  in  York  County  in 
1800— Comparative  Time  Consumed  in  Causes— Long  Tenure  of 
Office— Biographies  of  Members  of  the  Bar  and  Courts. 

The  lawyers  at  diiferent  periods  in  Maine  are  thus 
summed  up  by  Mr.  Willis : 

"  In  1800  the  number  of  lawyers  was  Jiflij -three.  The  population 
of  Maine  at  that  time  was  151,719.  In  1820,  the  date  of  separation, 
the  population  had  nearly  doubled,  being  298,335.  The  number  of 
lawyers  had  increased  to  two  hundred  and  seven.  In  1840  they  had 
more  than  doubled,  being  /<»«;■  hundred  and  thirti/seven,  distributed 
among  the  counties  as  follows:  York,  .34;  Cumberland,  66;  Lincoln, 
49 ;  Oxford,  26  ;  Franklin,  20 ;  Kennebec,  59 ;  Penobscot,  74  ;  Han- 
cock, 12;  Somerset,  2.5;  Piscataquis,  10;  Washington,  29;  Waldo,  29; 
Aroostook,  4.  Bangor,  with  a  population  of  8634,  had  forty-eight 
lawyers  ;  Portland,  with  a  population  of  15,218,  had  thirty-seren.  In 
1860  the  number  enrolled  in  the  profession  was  five  hundred  and 
tu-enty-nine,  the  population  of  the  State  being  628,801. 

"  The  lawyers  in  York  County,  in  1800,  were  Prentiss  Mellen,  Cyrns 
King,  George   Thacher,  Ebenezer   Sullivan,  Judah    Dana,  Nicholas 
Emery,  Edw.ard  P.  Hayman,  John  Holmes,  Dudley  Hubbard,  George 
W.  Wallingford,  Joseph  Thomas,  Temple  Hovey." 
11 


The  customs  of  the  bar  and  mode  of  conducting  busi- 
ness of  the  courts  have  very  much  changed.  In  the  early 
days  bar-meetings  were  regularly  hold,  and  the  openings  of 
the  courts  were  always  attended  by  a  procession  of  the 
judges  and  lawyers,  preceded  by  the  sheriff  and  his  depu- 
ties,— the  former  in  his  official  costume,  with  staff,  sword, 
cocked  hat,  blue  coat,  and  buff  vest.  Before  the  days  of 
bells  the  opening  of  court  was  announced  by  the  beating 
of  drums,  or  by  a  crier  going  through  the  streets.  In  the 
proceedings  of  the  courts  the  lawyers  were  much  more 
concise  in  their  arguments,  both  to  the  court  and  the  jury. 
Mr.  Parsons,  in  his  interesting  memoir  of  his  father,  the 
distinguished  chief  justice,  says  he  was  seldom  over  half  an 
hour  in  his  addresses  to  a  jury,  and  these  were  directed 
without  ornament  to  make  clear  and  plain  to  their  minds 
the  precise  point  of  the  case.  And  Chief  Justice  Mellen, 
in  an  article  written  for  "  Coleman's  Miscellany"  in  1839, 
observes, — 

"  Thirty  or  forty  years  ago  a  cause  was  argued  in  half  an  hour,  or 
an  hour  at  the  most,  which  now  demands  half  a  day;  and  in  accom- 
plishing the  task  there  is  as  much  circum-round-about  declamation, 
phraseology,  and  traveling  backwards  and  forwards,  as  there  was  in 
Corporal  Trim's  story  to  Uncle  Toby,  about  the  king  of  Bohemia  and 
his  seven  castles.'' 

The  long  tenure  of  office  and  the  multiplication  of  offi- 
ces in  the  same  hands  were  striking  features  of  the  early 
courts.  In  York  County  John  Wheelwright  was  thirty 
years  judge  of  probate  and  of  the  Common  Pleas  ;  Simon 
Frost  was  register  of  probate,  clerk  of  the  Court  of  Com- 
mon Pleas,  and  register  of  deeds  twenty  years,  or  there- 
abouts, from  the  middle  of  the  last  century  ;  Daniel  Sewall 
was  thirty-seven  years  register  of  probate,  and  about  thirty 
years  clerk  of  the  courts ;  Ichabod  Goodwin  was  sheriflF 
twenty-seven  years.  Mr.  Sewall  moved  from  York  to  Ken- 
nebunk  in  1815.  He  retired  from  his  long  official  services 
upon  the  reorganization  of  the  courts  under  the  State  in 
1820,  at  the  age  of  seventy-five,  to  spend  the  remainder  of 
his  days  amidst  the  enjoyments  of  a  cheerful  and  happy 
family  circle,  and  in  communion  with  books,  in  which  from 
childhood  he  had  taken  great  satisfaction. 


JOHN 

John  Holmes  was  for  many  years  one  of  the  most  promi- 
nent lawyers  of  Maine.  He  was  the  son  of  Malchiah 
Holmes,  and  was  born  in  Kingston,  Mass.,  in  March,  1773. 
His  early  life  was  passed  as  a  manufacturer  in  the  extensive 
iron-works  of  his  father  in  his  native  town,  where  his  in- 
telligence attracted  the  village  school-teacher,  who  advised 
his  father  to  give  him  an  education.  After  some  prepara- 
tory study  he  was  admitted  to  Brown  University,  one  year 
in  advance,  in  1793,  and  graduated  in  1796.  He  imme- 
diately entered  upon  the  study  of  law  with  Benjamin 
Whitman,  at  Hanover,  and  was  admitted  to  the  bar  in 
1799.  The  same  year  he  resolved  to  seek  his  fortune  in 
the  eastern  country,  and  in  pursuance  of  his  purpose  settled 
in  Alfred,  in  this  county,  in  the  month  of  September,  then 
a  district  of  the  town  of  Sanford,  and  containing  about  eight 
hundred  and  fifty  inhabitants.  The  town  was  not  incor- 
porated till  1808,  but  it  afforded  a  favorable  opportunity  for 
a  talented  young  lawyer  to  rise  in  the  profession.  Mr. 
Holmes   was   for   several  years  the   only   attorney   in   the 


HISTORY  OF  YORK   COUNTY,  MAINE. 


neighborhood.  The  titles  to  land  in  that  part  of  the 
country  were  in  an  imperfect  and  unsettled  state ;  the  set- 
tlers had  made  their  pitches  upon  vacant  spots  in  what  was 
called  the  Fluellen  or  Phillips  grant,  and  made  their  im- 
provements without  a  shadow  of  title.  The  proprietors  had 
just  begun  to  make  an  investigation  of  their  rights.  Mr. 
Holmes  was  employed  by  them  for  thi.s  purpose,  and  pur- 
sued the  inquiry  and  the  prosecution  of  claims  witli  great 
industry  and  success.  Many  actions  were  necessarily 
brought,  and  much  exasperated  litigation  was  the  conse- 
quence, which  called  forth  great  legal  talent  from  Maine 
and  Massachusetts,  and  settled  some  very  important  ques- 
tions of  law  and  real  estate. 

These  cases  brought  Mr.  Holmes  into  extensive  practice, 
and  a  familiar  acquaintance  with  the  laws  relating  to  titles. 
At  the  time  Mr.  Holmes  commenced  practice  the  Supreme 
Court  was  composed  of  Chief  Justice  Dana,  and  Justices 
Paine,  Bradbury,  Nathan  Gushing,  and  Dawes,  and  was 
held  at  York  once  a  year.  The  Common  Pleas  consisted  of 
Nathaniel  Wells,  Edward  Cutts,  Jonas  Clark,  and  Simon 
Frye,  none  of  whom  were  educated  as  lawyers.  There 
were  three  terms  a  year  of  this  court,  held  respectively  at 
York,  Waterborough,  and  Biddeford. 

The  courts  in  York,  besides  their  own  lawyers,  were  at- 
tended by  the  late  Chief  Justice  Parker,  Mr.  Symmes,  and 
Solicitor  Davis,  of  Portland,  some  New  Hampshire  lawyers, 
and  occasionally  by  a  professional  gentleman  from  Massa- 
chusetts. The  judges  and  lawyers,  on  account  of  the  bad- 
ness of  the  roads,  generally  performed  their  circuits  on 
horseback,  and  often  met  with  poor  fare  and  rough  usage; 
but  they  usually  contrived  to  season  these  adversities  with 
merriment  and  good  fellowship,  to  which  Paine,  Davis,  and 
Thacher  contributed  not  a  little.  The  mail  was  also  trans- 
ported on  horseback,  and  it  is  related  that  a  respectable 
lawyer,  on  one  occasion,  as  he  was  passing  through  the 
Saco  wood,  met  the  mail-carrier,  and  as  he  was  expecting  a 
letter  from  Boston  by  the  mail,  which  only  came  once  or 
twice  a  week,  he  requested  the  carrier  to  examine  the  mail 
there  in  the  woods  and  see  if  his  letter  was  not  in  it.  The 
accommodating  rider  took  oiF  his  mail-bag  without  hesita- 
tion, poured  the  contents  upon  the  ground,  and  they  both 
went  to  work  searching  for  the  desired  object,  which  was 
soon  found,  as  the  pile  to  look  over  was  not  large.  The 
number  of  lawyers  in  Maine  at  this  time  was  forty-five,  of 
whom  ten  resided  in  the  county  of  York,  viz.,  the  late 
Chief  Justice  JNIellen,  and  Judge  George  Thacher,  of  Bid- 
deford ;  Cyrus  King,  of  Saco  ;  Dudley  Hubbard,  Ebenezer 
Sullivan,  and  Edward  P.  Hayman,  of  Berwick ;  Joseph 
Thomas  and  George  W.  Wallingford,  of  Kennebuuk  ;  Ju- 
dah  Dana,  of  Fryeburg;  and  Nicholas  Emery,  of  Parsons- 
field.  These  were  all  distinguished  in  their  profession,  and 
most  of  them  in  public  life. 

Mr.  Holmes  was  a  good  lawyer ;  while  he  was  not  defi- 
cient in  logic  and  sound  argument,  few  men  knew  how  to 
handle  the  weapons  of  wit  with  more  skill  and  effect.  An 
opportunity  was  rarely  lost  by  him  of  exhibiting  his  oppo- 
nent in  a  ridiculous  position.  An  instance  of  this  kind 
occurred  in  the  Senate  of  the  United  States,  in  the  discus- 
sion on  nullification.  Mr.  Tyler  alluded  to  a  satirical  re- 
mark  of  John   Randolph,   in   which   that   gentleman   had 


some  time  before  designated  certain  active  politicians  as 
partnere,  under  the  firm-name  of  "  James  Madison.  Felix 
Grundy,  John  Holmes,  and  the  Devil,"  and  a.sked  Mr. 
Holmes,  with  a  view  of  making  a  severe  cut,  what  had 
become  of  that  celebrated  firm.  Mr.  Holmes  immediately 
sprang  to  his  feet,  and  said,  ''  Mr.  President,  I  will  tell 
the  gentleman  what  has  become  of  that  firm :  the  first 
member  is  dead,  and  the  second  has  gone  into  retirement, 
and  the  last  has  gone  to  the  nullifiers,  and  is  now  elec- 
tioneering among  the  gentleman's  constituents  !  and  thus 
the  partnership  is  legally  dissolved."  The  laugh  produced 
on  the  occasion  was  wholly  at  the  expense  of  Mr.  Tyler. 

Many  similar  anecdotes  illustrative  of  his  ready  wit  might 
be  related.  He  was  once  assisting  a  client  in  the  survey  of 
a  parcel  of  land,  about  which  he  was  quarreling  with  his 
neighbor.  Neither  of  the  parties  was  of  unimpeachable 
character.  As  they  were  passing  through  a  portion  of  the 
disputed  territory,  they  came  to  a  swamp  covered  with 
bushes  and  almost  impassable.  One  of  the  litigants  said 
to  Mr.  Holmes,  "  This,  'Squire,  is  the  devil's  hop-yard." 
"  Ah  !"  said  he  ;  "  then  I  think  the  devil  must  be  dead,  for 
I  see  his  sons  are  quarreling  for  the  inheritance."  "  Then 
you  expect  to  prevail,"  said  the  opposing  counsel,  "  as  your 
client  is  the  oldest  heir."  "It  is  not  certain,"  said  he; 
"  my  client,  to  be  sure,  is  the  oldest,  but  yours  Is  the  most 
deserviiic/." 

During  a  portion  of  the  time  of  Mr.  Holmes'  practice, 
Joseph  Bartlett  also  practiced  at  the  Y^ork  County  bar.- 
He  was  a  graduate  of  Harvard,  of  the  class  of  1782,  and 
settled  first  in  Woburn,  3Iass.,  but  came  to  Saco  in  1802. 
He  was  a  fine  scholar,  a  man  of  polished  wit  and  insinu- 
ating manners,  and  possessed  a  peculiar  influence  over  the 
minds  of  young  men.  In  other  respects  he  was  profligate  and 
unprincipled,  and  ended  a  career  which  began  with  much 
promise  in  shame  and  disgrace. 

Mr.  Holmes  was  not  content  with  the  quiet  pursuit  of 
professional  duties,  but  participated  largely  in  the  political 
contests  of  his  time.  He  began  life  as  a  Federalist  of  the 
old  school,  and  was  elected  by  that  party  in  1802  and  1808 
to  the  Massachusetts  Legislature,  from  Sanford  and  Alfred. 
It  was  not  till  a  considerably  later  day  that  the  decline  of 
Federalism  in  Maine,  and  the  increase  and  strength  of 
Democratic  sentiments,  compelled  him  to  change  over  to 
the  popular  current.  As  late  as  1810  his  wit  and  sarcasm 
were  exhibited  in  song,  taking  off'  the  doings  of  a  Demo- 
cratic caucus  held  that  year  in  Kennebunk  for  the  purpose 
of  nominating  candidates.  It  was  said  by  their  opponents 
that  they  determined  at  this  caucus  to  try  the  efiScacy  of 
treating  at  the  election.  Mr.  Holmes,  with  a  good  deal  of 
tact,  satirized  this  in  six  published  stanzas,  from  which 
we  take  the  first  and  the  last. 

"KENNEBUNK   CAUCUS. 

"  SOXG. 

••  The  York  County  Vemus  of  late  held  a  meeting : 
The  object  was  great,  but  the  party  was  small. 
The  marshal  had  issued  his  circular,  greeting. 
To  tag,  rag,  and  bob-tail  to  meet  at  the  call. 
"  He  called  for  attention 
While  he  made  objection 
To  Gore's  re-election, 

And  wished  they'd  be  mum  : 


BENCH  AND  BAR  OF  YORK  COUNTY. 


But  while  he  was  stating 

The  cause  of  the  meeting. 

The  Caucus  was  parting, 

And  calling  for — rum. 

*  So  bribing  the  printer,  and  treating  the  voters, 
Was  the  plan  they  adopted  the  elections  to  carry, 
And  ride  by  the  help  of  those  tipsy  supporters, 
Into  office  by  votes  they  had  purchased  for  Gernj. 

*' When  all  shouted  apjtlause 
To  the  Jacobin  cause, 
And  declared  by  the  laws 
They  would  never  be  dumb  ; 


Audi 


3lV  ! 


Than  to  re-elect  Uuie 
They  had  rather  give  more 
Than  a  hogshead  of  rum.'^ 

In  the  latter  part  of  1811  he  became  the  advocate  of  the 
national  administration  and  the  war  measures  of  Mr.  Madi- 
son, and  on  the  next  election  was  returned  a  representative 
to  the  General  Court  from  Alfred.  So  proud  were  his  new 
friends  of  their  acquisition  that  he  was  put  forward  at  once 
as  their  candidate  for  Speaker  of  the  House  in  opposition 
to  the  old  incumbent,  Timothy  Bigelow.  A  large  majority 
of  the  House  were  the  political  friends  of  Mr.  Bigelow,  and 
he  was  re-elected  :  but  Mr.  Holmes  became  an  untiring 
assailant  of  the  measures  of  the  majority,  and  an  active 
leader  of  the  party  he  had  espoused.  He  was  elected  to 
the  Senate  of  Massachusetts  in  1813,  and  continued  a  mem- 
ber of  that  body  during  the  trials  and  excitements  of  the 
war,  boldly  and  ably  sustaining  the  policy  of  the  national 
government,  and  contending,  with  unabated  ardor,  against 
all  the  anti-war  measures  of  Massachusetts.  He  was  ap- 
pointed lieutenant-colonel  in  Col.  Lane's  Regiment,  United 
States  Army,  in  1813,  but  declined  the  appointment. 

The  struggle  of  Mr.  Holmes  against  all  the  opposition, 
sarcasm,  and  ridicule  of  his  former  associates,  now  his  po- 
litical enemies,  exhibits  in  a  strong  light  his  great  abilities 
and  wonderful  resources  in  self-defense  and  in  the  main- 
tenance of  his  influence  and  popularity.  The  keen  severity 
of  Daniel  A.  White,  the  polished  irony  of  Harrison  Gray 
Otis,  the  caustic  humor  of  Josiah  Quincy  and  Judge  Put- 
nam were  not  spared  in  the  frequent  and  sharp  encounters 
which  the  political  heat  of  the  day  engendered.  And  it 
would  be  doing  great  injustice  to  Mr.  Holmes  not  to  say 
that  he  sustained  himself  with  great  ability  in  these  trying 
and  unequal  contests.  For  wit  he  returned  wit  in  full 
measure ;  for  argument,  argument ;  for  coolness,  courage,  and 
self-command,  he  was  the  equal  of  his  opponents,  and 
for  readiness  to  turn  the  current  against  them  in  debate 
more  than  a  match  for  his  ablest  antagonists.  If  at  any 
time  the  regularly  marshaled  forces  of  logic  and  argument 
seemed  deficient,  no  man  had  a  readier  or  happier  faculty 
of  pressing  into  the  service  the  auxiliaries  of  wit  and  satire. 
Although  in  Massachusetts  the  strength  of  the  Federalists 
was  powerful,  he  felt  that  he  had  in  Maine  a  growing  and 
vigorous  constituency  that  would  ardently  sustain  his 
measures  and  carry  him  triumphantly  through  the  struggle. 
At  home,  both  at  the  bar  and  in  politics,  he  had  an  able 
and  accomplished  opponent  in  Cyrus  King,  of  Saco,  a  man 
of  equal  power  as  a  public  speaker,  of  ardent  temperament, 
and  of  elevated   moral   character.     If  anything,  however, 


was   wanting   in    Mr.    King,   it   was  the   coolness  of  Mr. 
Holmes,  which  sometimes  gave  the  latter  the  advantage. 

In  1815,  Mr.  Holmes  was  appointed  by  President  Madi- 
son commissioner,  under  the  fourth  article  of  the  treaty  of 
Ghent,  to  make  division  between  the  United  States  and 
Great  Britain  of  the  islands  in  Passaniaquoddy  Bay.  The 
next  year  ho  was  elected  representative  to  Congress  from 
the  York  District  to  succeed  Mr.  King,  and  was  re-elected 
in  1818  without  opposition,  receiving  eleven  hundred  and 
six  out  of  eleven  hundred  and  eighty-two  votes.  While  he 
was  engaged  as  commissioner  and  as  member  of  Congress, 
he  was  actively  employed  in  eifecting  the  separation  of 
Maine  from  Massachusetts,  in  which  he  was  not  only  a 
zealous  worker  but  the  acknowledged  leader.  In  a  conven- 
tion composed  of  the  ablest  men  in  Maine  to  draft  a  con- 
stitution for  the  new  State,  which  was  to  take  its  place 
as  another  star  in  the  national  flag,  he  was  appointed 
chairman  of  the  committee  which  drafted  the  instrument, 
and  upon  the  admission  of  the  State  was  honored  with  the 
place  of  its  first  senator  in  Congress.  He  continued  to 
hold  that  honorable  station  by  re-election  till  1827,  and  in 
1828  was  again  elected  to  fill  the  unexpired  term  of  Albion 
K.  Parris,  who  was  appointed  to  the  bench  of  the  Supreme 
Court  in  June  of  that  year.  In  1833  his  congressional 
life  ceased,  and  he  returned  with  all  the  freshness  and  vigor 
of  youth  to  the  practice  of  his  profession,  after  an  uninter- 
rupted and  most  successful  political  career  of  over  twenty- 
two  years,  in  which  there  was  not  a  year  when  he  was  not 
occupying  some  public  station.  In  1836-37  he  was  elected 
a  representative  from  Alfred  to  the  Legislature  of  Maine, 
and  in  1841  appointed  by  President  Harrison  United 
States  district  attorney  for  the  District  of  Maine,  in  which 
office  he  died,  July  7,  1843. 

Few  persons  have  had  their  ambition  more  fully  gratified 
than  Mr.  Holmes.  His  popularity  at  one  time  in  Maine 
was  very  great,  and  he  managed  matters  nearly  in  his  own 
way.  To  say  that  some  ot  his  public  acts  were  severely 
criticised  by  his  opponents,  is  only  to  assert  what  might 
reasonably  have  been  expected.  But  no  impeachment  has 
been  cast  upon  his  honor  or  integrity,  or  upon  his  private 
and  domestic  character.  He  was  a  kind  husband,  a  tender 
and  judicious  parent,  and  a  good  neighbor.  As  a  towns- 
man, he  was  always  exceedingly  vigilant  in  promoting  the 
interests  of  his  fellow-citizens  in  all  matters  of  education 
and  municipal  improvement.  From  the  time  he  settled  in 
Alfred  he  never  ceased  his  exertions  till  he  had  procured 
all  the  courts  of  York  County  to  be  held  in  that  place, 
which  was  finally  accomplished  in  1833.  He  also  suc- 
ceeded in  having  a  route  for  a  railroad  from  Portland  to 
Dover  (now  the  Portland  and  Rochester  Railroad)  laid  out 
through  his  adopted  town,  although  he  failed  to  raise  the 
means  for  completing  it. 

Mr.  Holmes  first  married  Sally  Brooks,  of  Scituate,  in 
September,  1800,  by  whom  he  had  two  sons  and  two 
daughters, — all  of  his  children.  His  eldest  daughter  mar- 
ried Hon.  Daniel  Goodeuow,  Judge  of  the  Supreme  Court 
of  Maine  ;  she  died  in  1840.  His  second  wife  was  the 
widow  of  James  Swan,  sou  of  Col.  James  Swan,  of  Boston, 
and  the  accomplished  daughter  of  Gen.  Knox,  to  whom  he 
was  married  in  July,  1837.     He  removed  the  next  year  to 


HISTORY  OF   YORK   COUNTY,  MAINE. 


her  seat  at  Thouiaston,  the  late  residence  of  lier  father, 
where  he  lived  the  most  of  his  time  till  his  appointment  as 
United  States  district  attorney,  when  he  divided  his  resi- 
dence between  Thomaston  and  Portland.  In  1840  he 
published,  under  the  name  of  "  Statesman,"  a  digest  of  the 
public  and  private  laws  of  Maine,  in  one  octavo  volume, 
confining  himself  to  a  succinct  statement  of  the  general  prin- 
ciples of  constitutional  and  municipal  law. 

WILLIAM    LAMBERT. 

William  Lambert  and  Benjamin  Greene  were  both  ad- 
mitted to  the  bar  in  York  County  in  1801  ;  both  studied 
their  profession  with  Dudley  Hubbard,  and  settled  beside 
their  teacher  in  South  Berwick. 

Mr.  Lambert  was  born  in  Rowley,  Mass.,  July  22, 1778, 
and  being  fitted  for  college  at  the  celebrated  Dunimer 
Academy,  took  his  degree  at  Dartmouth  in  1798.  By  close 
attention  to  business  he  succeeded  in  attaining  a  remunera- 
tive practice,  which  he  continued  till  his  death,  Dec.  11, 
1824.  He  was  twice  married,  and  left  two  children,  a  son 
and  a  daughter.  The  son,  Rev.  Thomas  Ricker  Lambert, 
was  lately  rector  of  the  Episcopal  Church  in  Cliarlestown, 
Mass.,  although,  previous  to  becoming  a  minister,  he  liad 
studied  law  with  Judge  Nicholas  Emery,  in  Portland.  The 
daughter  was  the  wife  of  the  late  Hon.  John  P.  Hale, 
United  States  senator  for  New  Hampshire. 

BEN.IAMIN    GREENE. 

Benjamin  Greene  was  the  second  son  and  fourth  child  of 
Benjamin  and  Martha  (Brown)  Greene,  of  Waltham,  Mass., 
and  was  born  in  that  town  May  5,  1764.  He  graduated 
at  Harvard  College  in  the  class  with  Chief  Justice  Mellen, 
Professor  Abbott,  of  Bowdoin,  President  Webber,  of  Har- 
vard, Silas  Lee,  and  Benjamin  Pickman,  in  1784.  He 
first  studied  divinity,  and  was  settled  in  the  ministry  at 
Medway  in  1788.  In  1797  he  was  invited  to  take  charge 
of  the  Berwick  Academy,  which  he  accepted,  and  while 
pursuing  the  duties  of  preceptor,  entered  his  name  as  a  law 
student  in  the  office  of  Dudley  Hubbard.  He  closed  his 
vocation  as  teacher  and  was  admitted  to  the  bar  at  the  same 
time,  in  1801,  as  has  been  said,  "  full  fledged  for  law  and 
politics,  and  on  a  hearty  pursuit  of  both."  He  commenced 
with  a  full  maturity  of  powers,  and  with  adequate  learning 
and  large  knowledge  of  the  world.  In  1809  he  was  elected 
representative  to  the  General  Court,  and  continued  to  be 
elected  for  nearly  every  year  afterwards  till  the  separation 
from  Massachusetts.  When  the  old  Common  Pleas  was 
abolished  under  Governor  Gerry,  in  1811,  and  the  Com- 
monwealth and  Maine  divided  into  circuits,  Mr.  Greene 
was  appointed  chief  justice  of  the  eastern  circuit,  including 
York,  Cumberland,  and  Oxford  Counties,  with  Judge 
Dana  and  W"illiam  Widgery  as  associates.  He  entered  with 
vigor  and  vivacity  upon  his  new  sphere  of  action,  which  he 
sustained  with  dignity,  promptness,  fidelity,  and  ability. 
He  held  the  office  till  the  establishment  of  the  new  Court 
of  Common  Pleas,  under  the  act  of  Maine,  Feb.  4,  1822. 
In  1824  he  was  a  member  of  the  Legislature,  and  Speaker 
of  the  House.  In  September,  of  the  same  year,  he  was  ap- 
pointed by  President  Adams  marshal  of  Maine,  as  the 
successor  of  Thomas  G.  Thornton,  of  Saco,  who  had  held 


the  office  from  1803.  This  was  his  last  public  service, 
which  ending  in  1830,  he  removed  to  Athens,  Me.,  where 
his  son.  Dr.  Benjamin  F.  Greene,  then  resided,  where  he 
passed  the  remainder  of  his  life  in  peaceful  retirement,  and 
died  Oct.  15,  1837,  in  the  seventy-fourth  year  of  his  age. 
Judge  Greene  was  an  easy  and  graceful  speaker,  though,  it 
is  said,  somewhat  inflated  in  style.  He  was  considered  a 
good  lawyer  and  an  impartial  judge,  and  presided  with 
dignity  on  the  bench. 

Judge  Greene  married  Lydia  Clark,  of  Lexington,  Mass., 
by  whom  he  had  five  sons.  His  oldest  son,  Benjamin  F., 
was  a  physician,  at  Parkinan,  Me.,  where  he  died.  Charles, 
born  at  Marblehead,  Feb.  21,  1796,  graduated  at  Dart- 
mouth College  in  1811  ;  was  a  successful  lawyer,  first  at 
South  Berwick,  and  then  at  Athens,  Me.,  where  he  con- 
tinued to  practice  till  his  death,  Aug.  24,  1852.  He  was 
a  State  senator  in  1835,  a  member  of  the  Executive  Coun- 
cil in  1836,  and  judge  of  probate  for  Somerset  County 
from  1841  till  the  time  of  his  death.  He  married  Sarah 
Sawtelle,  of  Norridgewock,  by  whom  he  had  several  chil- 
dren. Frederick,  born  at  South  Berwick  in  1807,  was  a 
lawyer,  at  Saco,  where  he  practiced  till  his  death,  Aug.  1, 
1865.  He  was  a  member  of  the  Senate  in  1835-36,  and 
a  representative  in  1842.  In  1849  he  was  chosen  judge 
of  the  Municipal  Court  of  Saco,  a  position  which  he  occu- 
pied till  1852.  He  married,  Nov.  23,  1841,  Lydia,  daugh- 
ter of  Samuel  Coleman,  of  Kennebunkport.  One  of  his  sons, 
Frederick  Greene,  is  now  overseer  in  the  Pepperell  Mills,  at 
Biddeford,  and  with  his  brother,  Joseph  Leland,  served  in 
the  war  of  the  Rebellion,  enlisting  Oct.  3, 1863.  in  the  29th 
Maine  Regiment ;  was  under  Gen.  Banks  in  the  Red  River 
expedition,  in  Louisiana,  and  afterwards  in  the  Shenandoah 
Valley  and  Virginia.  His  two  sisters,  Ellen  and  Mary,  are 
both  living,  and  reside  in  Massachusetts.  Bowen  Clark 
Greene,  another  son  of  Judge  Greene,  was  admitted  to  the 
bar,  but  did  not  follow  a  regular  practice  of  the  law.  He 
was  postmaster  in  Saco  from  1845-49,  and  deputy  collector 
of  customs  at  that  port  several  years.  He  had  been  clerk 
in  the  Secretary  of  State's  office  in  1835,  '36,  '37,  and  a  part 
of  that  time  deputy  secretary.  He  was  never  married. 
He  died  at  Saco,  Aug.  3,  1860.  Another  son,  Henry 
Bowen  Clark  Greene,  was  a  distinguished  physician  ;  he 
began  his  practice  in  Saco,  and  removed  to  Boston,  where 
he  died,  Jan.  31,  1848.  He  married.  May  27,  1823, 
Elizabeth,  daughter  of  Capt.  Samuel  Hartley,  of  Saco. 

JUDGE   JOSEPH    HOWARD. 

Judge  Joseph  Howard  was  born  in  the  year  1800  at 
Brownfield,  Oxford  Co.  At  the  time  of  his  death  he  was 
seventy-seven  years  of  age.  His  preliminary  education  was 
obtained  at  Fryeburg  Academy.  He  graduated  at  Bowdoin 
College  in  1821,  taking  a  high  rank  in  his  class,  and  im- 
mediately commenced  the  study  of  law  in  the  office  of 
Judge  Dana,  at  Fryeburg.  He  completed  his  studies  in 
the  office  of  Judge  Daniel  Goodenow,  and  was  admitted  to 
the  bar  in  1824.  He  first  opened  an  office  in  Bridgton, 
Cumberland  Co.  Within  a  year  John  Burnham,  a  success- 
ful lawyer  in  Limerick,  York  Co.,  died  suddenly,  and  Mr. 
Howard  immediately  removed  there,  where  he  remained  in 
successful  practice  for  twelve  or  fifteen  yeai's.     While  quite 


BENCH  AND  BAR  OF  YORK  COUNTY. 


young  he  received  the  appointment  of  county  attorney  for 
York  County,  and  very  ably  performed  the  duties  of  that 
office  for  about  ten  years. 

In  1837  he  removed  from  Limerick  to  Portland,  and 
soon  after  formed  a  partnership  with  Henry  B.  Osgood,  his 
brother-in-law,  their  wives  being  the  accomplished  daugh- 
ters of  Judge  Dana  and  sisters  of  the  late  Governor,  John 
W.  Dana.  After  the  decease  of  Mr.  Osgood,  he  and  the 
late  George  F.  Shepley,  Judge  of  the  United  States  Circuit 
Court,  formed  a  partnership  which  continued  till  1848, 
when  the  senior  partner,  Mr.  Howard,  was  appointed  a 
justice  of  the  Supreme  Judicial  Court.  Prior  to  that  time 
he  had  for  several  years  filled  the  office  of  United  States 
Attorney  for  the  District  of  Maine.  When  his  term  of 
office  on  the  bench  of  the  Supreme  Court  expired  he  was 
in  the  prime  of  life,  and  soon  after  formed  a  partnership 
with  Sewall  C.  Strout,  Esq.,  of  Portland,  which  firm  con- 
tinued several  years,  when  it  was  dissolved  to  enable  the 
judge  to  associate  with  him  in  business  his  son-in-law, 
Nathan  Cleaves,  late  judge  of  probate  for  Cumberland 
County.  Afterwards  Henry  B.  Cleaves,  Esq.,  late  solicitor 
for  the  city  of  Portland,  was  admitted  as  a  member  of  the 
firm,  which  continued  till  the  death  of  the  subject  of  this 
notice. 

From  the  Memorial  of  Judge  Howard  in  the  sixty- 
seventh  volume  of  the  Maine  Reports,  we  select  a  few  ex- 
tracts bearing  upon  his  life  and  character. 

Hon.  N.  S.  Littlefield  said,— 

"  The  circumstances  of  his  death  were  peculiar.  On  an  early  day 
in  the  month  of  December  last  he  left  his  home  in  this  city  with  the 
intention  of  spending  the  balance  of  that  day  with  his  only  brother 
and  family,  on  the  old  homestead  in  Brownfield,  and  of  spending  the 
next  day  in  Fryeburg,  where  the  O.^ford  County  December  term  of 
this  court  (Supreme  Judicial)  was  being  held  by  Judge  Virgin.  .Ar- 
riving at  Brownfield  about  noon,  he  went  to  his  brother's  home,  and 
after  dinner,  it  being  pleasant,  he  went  out  alone  and  went  over  the 
farm  on  which  he  was  born.  Failing  to  return  as  soon  as  expected, 
search  was  made,  and  his  lifeless  body  was  found  not  far  from  the 
dwelling-house.  It  was  evident  that  death  overtook  him  while  on  his 
return  from  his  excursion.  He  had  in  his  hand  a  bunch  of  evergreen, 
emblematical  of  his  memory,  which  will  twine  around  our  hearts  till 
they  cease  to  beat.  .  .  . 

"  As  a  son,  as  a  brother,  as  a  husband,  as  a  father,  as  a  friend,  as  a 
man,  and  as  a  gentleman,  he  was  all  that  could  be  desired;  he  was  as 
near  perfection  as  humanity  will  allow.  As  a  counselor  he  was  in  all 
respects  reliable  and  safe.  As  a  prosecuting  oiiiccr  he  was  energetic 
and  thorough.  As  a  judge  he  was  patient,  affable,  untiring,  and  an 
earnest  seeker  after  truth.  He  would  rule  a  point  against  counsel  in 
so  kind  and  conciliatory  a  manner  that  the  disappointment  would  be 
shorn,  to  a  great  extent,  of  its  unpleasantness.  His  opinions  on 
questions  of  law  are  models  of  conciseness,  not  at  the  expense  of  per- 
spicuity.    He  never  buried  his  ideas  in  words." 

Sewall  C.  Strout,  Esq.,  said, — 

"  I  had  the  pleasure  of  his  intimate  acquaintance  for  thirty  years, 
nine  of  which  I  was  his  partner  in  the  practice  of  law.  This  asso- 
ciation taught  me  to  revere  his  character,  and  to  love  the  man  as  a 
father.  Few  men  possess  the  power  of  self-control  which  he  habitu- 
ally exercised.  .  .  .  His  tastes  were  pure  and  elevated.  ...  In  his 
friendships  he  was  tender  and  unselfish.  His  charities  were  numerous. 
...  As  a  judge  he  worthily  maintained  the  dignity  of  the  bench.*" 


Jud 


ge  rsarrows  saic 


"  I  miss  his  presence  and  his  cordial  greeting,  and  in  their  stead 
receive  the  funeral  garland  which  your  affectionate  respect  devotes 
o  decorate  his  tomb ;  and  I  listen  to  the  tribute  you  pay  to  departed 


worth,  and  strive  to  recognize  the  fact  that  in  these 
has  so  long  been  busy  he  will  appear  no  more  forevc 


WALLINGFOKD. 
George  Wa.shington  Wallingford  was  born  at  Somers- 
worth,  N.  H.,  Feb.  19,  1778.  Left  an  orphan  in  infancy, 
he  was  compelled  to  struggle  through  many  hardships  and 
trials.  He  took  his  first  degree  at  Harvard  in  1795,  and 
studied  law  with  Dudley  Hubbard,  at  South  Berwick. 
Being  admitted  to  the  bar  in  1798,  he  established  himself 
in  the  practice  of  law  at  Kennebunk  in  1800.  Joseph 
Thomas  was  the  only  practitioner  in  the  Village,  then  a 
part  of  tlie  town  of  Wells.  But  two  years  later  Mr.  Wal- 
lingford encountered  a  competitor,  in  all  respects  his  equal 
as  a  lawyer,  an  advocate,  and  a  man,  in  the  person  of 
Joseph  Dane,  of  whom  more  will  be  said  hereafter.  Pos- 
sessing strong  will  and  determination,  together  with  his 
pleasing  address  and  fine  qualities  as  an  advocate,  he  soon 
attained  high  rank  in  the  profession.  He  was  a  Federalist, 
and  took  a  prominent  part  in  the  contests  which  fiercely 
raged  in  the  early  part  of  the  present  century.  In  1813 
he  was  elected  one  of  the  representatives  of  Wells  to  the 
General  Court,  and  was  successively  re-elected  till  Maine 
was  admitted  as  a  separate  State,  in  1820.  He  was  a  mem- 
ber of  the  convention  which  formed  the  constitution  of 
Maine,  in  October,  1819,  and  had  taken  a  leading  part  in 
the  preliminary  convention  held  at  Brunswick  in  1816. 
When  the  constitution  was  drawn  up  he  did  not,  however, 
sign  it,  but  stood  with  the  thirty-one  other  objecting  mem- 
bers, the  principal  objection  being  the  apportionment  of 
representatives,  which  was  considered  by  the  minority  as 
unjust  towards  the  larger  towns,  in  that  it  deprived  them 
of  an  equal  proportion  of  the  members  in  the  legislative 
body.  He  was  likewise  opposed  to  the  separation  fi-om 
JIassachusetts  till  Maine  should  acquire  greater  wealth  and 
importance ;  but  still  represented  his  town  in  the  State 
Legislature  in  1823,  which  was  the  last  public  act  of  his 
life.  He  died  Jan.  19,  1824,  at  the  age  of  forty-eight,  in 
the  midst  of  his  vigor  and  usefulness,  having  in  a  large 
measure  the  confidence  and  esteem  of  his  fellow-citizens. 
His  first  wife  was  Abigail  Chadbourne,  of  Berwick,  whom 
he  married  in  1806,  by  whom  he  had  one  daughter,  who 
married  and  died  without  issue.  His  wife  died  in  1808. 
He  married,  for  his  second  wife,  Mary,  daughter  of  Dr. 
Jacob  Fisher,  of  Kennebunk,  by  whom  he  had  one  son  and 
four  daughters,  who  survived  him. 

NICHOLAS    EMERY. 

Nicholas  Emery,  the  classmate  of  Judge  Dana,  opened 
his  law-office  in  Parsonsfield  at  the  same  time  his  friend 
established  himself  at  Fryeburg,  the  autumn  of  1789.  Mr. 
Emery  was  born  in  Exeter,  N.  H.,  Sept.  4,  1776,  and  was 
prepared  for  college  at  the  far-famed  Phillips  Academy  of 
that  place.  After  graduating  at  Dartmouth  College,  in  1795, 
with  the  honors  of  his  class,  he  studied  law  with  Edward 
St.  Loe  Livermore,  of  Portsmouth,  and  was  admitted  to 
the  bar  in  the  autumn  of  1798.  His  accomplishments  as 
a  lawyer,  and  his  easy,  pleasant  manners  soon  brought  him 
into  notice,  and  after  seven  or  eight  years'  successful  prac- 
tice in  Parsonsfield  and  in  the  adjoining  county  of  Straf- 
ford, N.  H.,  he  removed  to  Portland,  in  the  spring  of  1807. 


HISTORY   OF  YORK   COUNTY,  MAINE. 


In  the  autumn  of  the  same  year  he  married  Ann  T.,  eldest 
daughter  of  Governor  Oilman,  of  New  Hampshire.  His 
career  in  Portland  was  one  of  uninterrupted  success  in  his 
profession,  although  brought  into  competition  with  the 
finest  legal  talents  of  the  time. 

In  1834,  on  the  retirement  of  Chief  Justice  Mellen, 
Judge  Weston  was  promoted  to  his  place,  and  Mr.  Emery 
was  appointed  to  fill  the  vacancy  on  the  bench  of  the  Su- 
preme Court.  With  honorable  fidelity  and  capability  he 
discharged  the  duties  of  his  ofiioe  through  the  constitu- 
tional term  of  seven  years.  His  opinions  during  this 
period  are  recorded  in  the  eight  volumes  of  the  Maine  Re- 
ports from  the  12th  to  the  19th,  inclusive,  and  evince  care- 
ful and  diligent  research  and  sound  and  just  conclusions. 
He  never  took  much  part  in  politics,  although  he  was  a 
delegate  to  the  convention  of  1816,  and  also  to  that  which 
framed  the  constitution  of  Maine.  In  1832  he  was  ap- 
pointed one  of  the  commissioners  of  the  State  to  negotiate 
with  the  United  States  government  for  a  cession  of  the  dis- 
puted territory,  under  the  treaty  of  1783.  His  public  life 
closed  with  the  termination  of  his  judicial  ofiice,  but  he 
lived  to  be  past  eighty-four  years  old,  and  died  Aug.  24, 
1861. 

JUDAH    DANA. 

Judah  Dana  settled  at  Fryeburg  in  September,  1798, 
when  that  town  was  included  in  York  County.  He  was  a 
son  of  John  Winchester  Dana  and  Hannah  Pope  Putnam, 
a  daughter  of  Gen.  Israel  Putnam,  and  born  at  Pomfret. 
Vt.,  April  25,  1772.  He  graduated  at  Dartmouth  College 
in  1795,  studied  law  with  Benjamin  I.  Gilbert,  of  Hanover, 
and  was  admitted  to  the  bar  in  Grafton  Co.,  N.  H.,  in  Sep- 
tember, 1798.  He  practiced  law  at  Fryeburg  nearly  half  a 
century,  having,  besides  his  practice  in  York  and  Cumber- 
land Counties,  a  large  practice  in  New  Hampsliire.  He  be- 
came a  leading  advocate,  and,  as  he  was  a  careful  and  labori- 
ous student,  he  acquired  a  high  reputation  and  a  lucrative 
practice. 

His  first  competitor,  who  settled  in  a  neighboring  town, 
was  his  classmate,  Nicholas  Emery,  at  Parsonsfield.  Jacob 
McGaw,  from  New  Hampshire,  and  two  years  after  him  in 
college,  settled  in  the  same  town  in  1801,  and  a  sharp 
rivalry  and  competion  sprang  up  between  them.  Two  years 
later  Mr.  McGaw  removed  to  Bangor,  and  was  succeeded 
by  Samuel  A.  Bradley,  a  graduate  of  Dartmouth  in  1799, 
who  for  a  long  series  of  years  was  a  competitor  both  in  law 
and  politics  with  Mr.  Dana.  After  Oxford  County  was 
erected,  in  1805,  both  lawyers  found  places  in  the  Probate 
Court, — Mr.  Dana  as  judge,  and  Mr.  Bradley  as  regi.ster. 

Mr.  Dana  continued  in  active  practice  for  many  years, 
with  increasing  success  both  in  the  Common  Pleas  and  the 
Supreme  Court,  and  was  appointed  to  several  political  of- 
fices. In  1833  he  was  one  of  the  Executive  Council  in  the 
administration  of  Governor  Smith.  In  1836-37  he  was 
one  of  the  bank  commissioners.  In  1836  he  was  appointed 
by  Governor  Dunlap  United  States  senator  for  the  re- 
mainder of  Judge  Shepley's  term,  who  resigned  that  office 
on  being  appointed  judge  of  the  Supreme  Court.  An  in- 
timate friend  of  Judge  Dana  gives  the  following  estimate  of 
his  character  and  abilities  : 


"  He  was  a  ready  speaker,  urbane  and  conciliating,  but  of  unques- 
tioned firmness.  In  all  public  positions  he  was  true  and  faithful,  and 
fully  equal  to  the  demand  upon  him.  In  private  life  no  gentleman 
could  be  more  genial.  Time  and  chance  were  never  wanting  with  him 
to  say  and  do  kind  things  to  every  one  within  his  circle.  In  a  large 
sphere  of  professional  life,  .Tudge  Dana  could  have  acquired  a  more 
brilliant  reputation,  but  he  loved  the  country  and  its  retirement,  and 
there  chose  to  act  his  part,  keeping  fresh,  however,  in  the  world's  his- 
tory, living  and  past." 

He  was  one  of  the  trustees  of  Bowdoin  College  from  1820 
to  1843,  and  a  member  of  the  convention  at  Portland  to 
form  the  constitution  of  Maine. 

Among  the  students  in  his  office  were  Daniel  Webster, 
for  a  short  period.  Gen.  Samuel  Fessenden,  Peter  C.  Vir- 
gin, of  Rumford,  Gen.  Eleazer  Wheelock  Ripley,  Joseph 
Howard,  Philip  Eastman,  of  Saeo,  Henry  B.  Osgood,  and 
several  others.  Mr.  Webster  graduated  at  Dartmouth  in 
1801,  and  in  the  latter  part  of  the  same  year  took  charge 
of  the  academy  at  Fryeburg.  While  occupying  this  posi- 
tion he  was  reading  law  in  Mr.  Dana's  office.  An  interest- 
ing correspondence  between  the  great  statesman  and  Mr. 
Dana  took  place  on  this  subject  in  1804.* 

Mr.  Dana's  first  wife  was  Elizabeth,  the  youngest  daugh- 
ter of  Prof  Sylvanus  Ripley,  of  Dartmouth  College ;  his 
second  wife  was  the  widow  of  Gen.  John  McMillen,  of 
Fryeburg.  His  only  son  who  survived  infancy  was  Hon. 
John  W.  Dana,  one  of  the  Governors  of  Maine.  Of  his 
several  daughters,  one  married  Judge  Howard,  of  Portland  ; 
another  Judge  Goodenow,  of  Alfred. 

TEMPLE  HOVEY. 
Temple  Hovey  studied  law  with  Dudley  Hubbard,  of 
Berwick,  and  was  admitted  to  the  bar  in  1800.  He  died 
about  two  years  after  his  admission  to  practice.  He  was  a 
son  of  Dr.  Ivory  Hovey,  of  South  Berwick,  and  a  descend- 
ant of  Rev.  Ivory  Hovey,  a  learned  clergyman  of  Plymouth 
and  Rochester,  in  the  Old  Colony,  who  died  in  1803,  at 
the  age  of  eighty-nine. 

JOSEPH    DANE. 

Joseph  Dane,  for  fifty  years  a  distinguished  lawyer  at 
Kennebunk,  was  the  son  of  John  and  Jemima  (Fellows) 
Dane,  of  Beverly,  Mass.,  in  which  town  he  was  born  on 
the  25th  of  October,  1778.  He  was  a  nephew  of  the  emi- 
nent lawyer  and  statesman,  Nathan  Dane,  and  a  descendant 
of  John  Dane,  born  in  Colchester,  England,  in  1613,  who 
came  with  his  parents  and  two  sisters  to  Roxbury,  Mass., 
in  1636. 

Mr.  Dane's  parents  were  natives  of  Ipswich.  His  father 
died  in  1829,  in  his  eightieth  year;  his  mother  in  1827, 
aged  seventy-six. 

His  preparatory  studies  were  pursued  at  Phillips  Acad- 
emy, at  Andover,  after  which  he  entered  Harvard  College, 
where  he  graduated  in  1799,  and  at  once  entered  the  office 
of  his  uncle,  the  distinguished  Nathan  Dane,  of  Beverly,  as 
a  student-at-law.  In  June,  1802,  he  was  admitted  to  prac- 
tice in  Essex  County,  and  immediately  opened  an  office  at 
Kennebunk,  then  included  in  the  town  of  Wells,  where  he 
soon  became  prominent  as  a  sound  lawyer,  an  able  advocate, 
and  an  upright  man.     "  He  continued  to  practice  till  1837, 


Wil 


ad  Courts  of  Main 


pp. 


-61. 


BENCH  AND  BAK  OF  YORK  COUNTY. 


having  maintained  for  more  than  a  third  of  a  century  a 
character  for  spotless  integrity,  and  for  great  honor  and 
ability  in  his  profession  ;  and  during  the  latter  portion  of 
the  time  was  a  leader  at  the  bar  of  York  County." 

Mr.  Dane's  natural  conservatism  and  high  sense  of  the 
dignity  of  his  profession  kept  him,  for  the  most  part,  out 
of  the  political  arena.  He  scorned  the  tricks  of  the  dema- 
gogue, and  accepted  office  only  at  the  urgent  solicitations  of 
his  fellow-citizens.  He,  however,  took  a  deep  interest  in  ques- 
tions of  public  policy,  and  was  active  in  the  measures  taken 
for  the  organization  of  Maine  as  an  independent  State.  He 
was  a  member  of  the  preliminary  convention  held  at  Bruns- 
wick in  1816,  and  of  that  which  fi-amed  the  constitution, 
in  1819,  and  was  a  member  of  the  very  able  committee 
appointed  to  draft  that  instrument,  in  which  his  judicial 
and  statesmanlike  qualifications  were  brought  into  appro- 
priate exercise.  In  1818  he  was  chosen  one  of  the  two 
Executive  Councilors  of  Massachusetts,  then  allowed  to 
Maine,  but  he  declined  the  office.  In  1820  he  was  chosen 
a  member  of  the  Sixteenth  Congress,  for  the  unexpired 
term  of  Mr.  Holmes,  who  had  been  elected  to  the  Senate. 
He  was  re-elected  to  the  Seventeenth  Congress,  and,  having 
served  out  bis  term,  declined  to  be  again  a  candidate.  He 
served  his  town  as  representative  in  the  State  Legislature 
in  the  years  1824-25,  1832-33,  and  1839-40,  and  the 
county  in  the  Senate  in  1829.  At  the  clo.se  of  the  session 
of  1840  he  retired  from  public  life  altogether,  having  de- 
clined the  appointment  of  commissioner  to  revise  the  pub- 
lic statutes  and  the  office  of  Executive  Councilor,  both  of 
which  were  honorably  tendered  him.  His  preference  was 
for  the  enjoyments  of  private  life,  and  the  repose  of  his 
own  excellent  family,  for  which  he  was  eminently  fitted  by 
his  strong  domestic  attachments  and  his  genial  and  social 
qualities.  In  every  public  office,  and  in  every  act  of  private 
life,  his  conduct  was  characterized  by  a  firm,  undeviating 
sense  of  right,  and  a  conscientious  determination  neither  to 
do  nor  to  submit  to  what  was  wrong  or  unjust.  The  record 
for  more  than  half  a  century,  which  he  left  among  his 
fellow-citizens,  his  neighbors,  and  his  most  intimate  acquaint- 
ances, is  unblemished. 

His  wife  was  Mary,  daughter  of  Hon.  James  Clark,  of 
Kennebunk,  to  whom  he  was  united  in  mamage  in  Octo- 
ber, 1808.  She  was  a  lady  of  great  excellence  of  charac- 
ter, and  survived  her  lamented  husband  many  years.  Of 
the  two  sons  and  one  daughter,  the  fruit  of  this  union,  the 
eldest  son,  Joseph,  succeeded  to  his  father's  profession  and 
business,  in  which  he  is  still  engaged  at  Kennebunk. 
(More  will  be  found  of  his  life  on  another  page.)  His  sec- 
ond son,  Nathan,  a  farmer,  residing  in  Alfred,  was  member 
of  the  State  Senate  from  York  County  in  1857-58,  and 
State  treasurer  subsequently. 

Mr.  Dane  died  at  his  residence,  in  Kennebunk,  on  the 
1st  of  May,  1858,  aged  seventy-nine. 

SAMUEL  A.  BRADLEY. 

Among  the  eminent  lawyers  who  settled  at  the  beginning 
of  this  century  in  Fryeburg  was  the  subject  of  this  notice. 
He  was  a  college  friend  of  Daniel  Webster  and  two  years 
his  senior,  and  through  his  persistent  effijrts  Mr.  Webster 
was  received  into   the  office  of  Hon.  Christopher  Gore,  of 


Boston,  as  a  law-student.  Mr.  Webster  was  then  unknown 
except  to  a  few  personal  friends  and  at  Dartmouth  College, 
where  he  had  just  graduated.  Mr.  Bradley '.s  application 
was  at  first  rejected.  At  last  he  carried  to  him  one  of  Web- 
ster's literary  productions  (a  Fourth  of  July  oration)  and 
requested  Mr.  Gore  to  read  and  then  see  if  he  would  not 
change  his  decision.  Mr.  Gore  took  it  with  .some  impa- 
tience, saying  he  was  very  pertinacious,  and  dipped  into  it 
here  and  there,  finally  commenced  at  the  beginning  and 
read  it  through  ;  then  said,  "  Bring  your  young  friend 
along  and  I  will  see  him."  Mr.  Gore  received  him  into 
his  office,  and  frequently  afterwards,  when  meeting  Mr. 
Bradley  in  the  street,  would  speak  to  him  pleasantly  for 
bringing  that  young  man  to  his  office. 

We  transfer  from  Mr.  Willis'  work  on  lawyers  the  fol- 
lowing racy  letter  of  Mr.  Webster  to  Mr.  Bradley : 

"BoscAWEN,  August  19,  1806. 

*'  Dk.vr  Sir, — Circumstances  do  not  permit  me  to  see  you  tliis  week 
at  Gilmanton.  I  am  late  from  Boston,  and  at  present  am  greatly 
pressed  in  my  time  by  some  little  affairs.  I  have  made  up  my  mind 
to  escort  you  to  Commencement,  if  you  desire  to  take  that  mode  of 
conveyance.  I  have  a  comfortable  chaise  and  an  ordinary  horse,  that 
can  draw  us  from  this  lo  Hanover  in  a  day.  If  you  have  a  nag  to 
put  before  him  to  open  the  cause,  mine,  I  think,  would  bring  up  the 
rear  of  the  argument  pretty  well.  However,  we  shall  do  tolerably 
well  with  one  horse. 

"  I  shall  expect  to  see  you  this  way  on  Friday  or  Saturday,  when 
we  will  make  a  detinite  arrangement.  I  should  choose  to  be  early  at 
Hanover,  and  leave  immediately  after  Commencement.  Thursday 
and  Friday  are  languid  days.  Dr.  Perkins  is  expected  this  way  to- 
morrow. His  wife  is  at  Hanover,  and  so  ia  Mrs.  Ticknor.  I  hear  of 
many  people  who  think  of  visiting  Commencement, — probably  be- 
cause they  know  you  and  I  will  be  there, — and  the  collection,  I  fancy, 
will  be  numerous. 

"Yours,  verily,  D.  Webstkr. 

"  P.  S. — Rebecca — Miss  Rebecca  McGaw — has  just  ridden  by  my 
window,  going  to  Commencement.     How  the  girls  expect  us  !" 

An  anecdote  of  these  two  young  lawyers  and  friends  is 
thus  related :  they  had  been  attending  court  at  Sanborn, 
N.  H.  After  the  adjournment  Mr.  Bradley  took  Mr.  Web- 
ster in  his  sleigh  on  their  return  home.  He  had  a  fine 
large  horse,  justly  called  "  Old  Mars."  As  they  were  rising 
a  hill  towards  night,  they  overtook  a  feeble  old  man  who 
was  struggling  up  the  hill  with  a  load  of  wood  drawn  by  a 
poor,  broken-down  horse.  The  man,  in  turning  his  horse 
from  the  path  to  let  the  travelers  pass,  found  his  team  sunk 
in  the  deep  snow  on  the  side,  from  which  neither  man  nor 
horse  seemed  able  to  get  clear.  Webster  and  Bradley  saw 
the  sad  plight  and  sadder  countenance  of  the  poor  wood- 
man, and  without  a  moment's  delay  they  took  their  power- 
ful horse  ofi"  their  sleigh,  and  putting  him  before  the  wood- 
man's load  and  horse,  soon  extricated  them,  and  moved  the 
whole  safely  up  the  hill,  to  the  infinite  joy  of  the  poor  old 
man  and  their  own  bappy  consciousness  of  a  good  deed 
promptly  done.  They  had  a  hard  struggle  to  get  the  load 
out  of  the  deep  snow.  Mr.  Webster  used  a  rail  behind  the 
load  and  Bradley  led  the  horse.  The  latter,  in  relating  the 
story  in  after-years,  said,  "  Webster  lifted  like  a  giant." 

JMr.  Bradley  established  himself  at  Fryeburg  in  1803 
or  early  in  1804,  finding  there  Judah  Dana  and  Jacob  Mc- 
Gaw,— a  large  supply  of  legal  talent  for  the  small  population. 
But  then  their  practice  was  extended  into  a  considerable 
of  the   adjoining   portion  of  New   Hampshire,  as  well   as 


HISTORY  OF  YORK   COUNTY,  MAINE. 


southward  and  eastward.  Mr.  McGaw  moved  to  Bangor 
in  1805,  where  he  became  eminent,  and  left  Judge  Dana 
and  Mr.  Bradley  for  some  time  alone.  There  was  much 
rivalry  between  these  gentlemen,  not  only  at  the  bar,  but  in 
political  life ;  for  Mr.  Bradley  was  a  very  ardent  Federalist, 
and  Judge  Dana,  although  belonging  originally  to  that  party, 
had  zealously  espoused  the  rising  Democracy  ;  and  the  town 
in  its  political  character  was  very  nearly  equally  divided. 
Mr.  Bradley  held  the  office  of  register  of  probate  from  the 
formation  of  the  new  county  of  Oxford  till  1810,  when  he 
resigned,  and  devoted  himself  with  all  the  ardor  and  enthu- 
siasm of  his  nature  to  the  practice  of  his  profession,  and  to 
the  discussion  of  the  political  issues  of  his  time. 

During  the  exciting  periods  of  the  embargo,  the  war  of 
1812,  and  the  discussion  on  the  policy  of  separation,  he 
threw  himself  with  all  his  warmth  of  feeling  into  the  con- 
flicts of  the  party.  He  was  five  years  a  member  of  the 
General  Court  from  Fryeburg,  from  1813  to  1818,  and  was 
a  violent  opponent  of  the  war  with  Great  Britain,  and  of  the 
erection  of  Maine  into  a  State.  His  town  voted  against  the 
separation  in  1816,  but  in  favor  of  it  by  a  majority  of 
seventy-eight  to  seventy  in  1819,  when  the  measure  was 
carried. 

In  1825,  Mr.  Bradley  moved  to  Portland,  and  engaged  in 
speculations  in  timber-lands,  and  other  interests  outside  of 
his  profession,  by  which  he  became  wealthy.  In  his  prime 
he  was  a  tall,  well-proportioned  man,  of  handsome  person 
and  pleasing  address. 

After  his  career  in  Portland  he  returned  to  Fryeburg  in 
July,  1841,  and  died  at  the  house  of  his  brother  Robert, 
September  24,  1844,  at  the  age  of  sixty-nine  years  and  ten 
months.     He  was  never  married. 

EDWARD  EMERSON  BOURNE,  LL.D. 

Edward  Emerson  Bourne,  LL.D.,  was  born  at  Kenne- 
bunk,  then  a  part  of  the  town  of  Wells,  in  the  county  of 
York,  March  19,  1797.  His  father  was  John  Bourne, 
born  at  Wells,  Aug.  14,  1759,  a  soldier  of  the  Revolu- 
tion, and  son  of  Benjamin  Bourne  (l.st),  of  the  same  place. 
Early  in  the  war, — in  the  fall  of  1775, — when  only  sixteen 
years  of  age,  John  enlisted  in  the  service  of  the  country, 

and  marched  in  company  of  Capt.  Sawyer,  to  Lake 

Champlain.  He  was  stationed  at  the  village  of  St.  John's, 
at  the  outlet  of  the  lake,  during  the  principal  part  of  the 
year  1776.  His  mother  died  when  he  was  seven  years  of 
age,  and  his  father  subsequently  married  Hannah  Sewall, 
of  York.  His  father  dying  when  he  was  eighteen  years 
old,  the  care  and  responsibility  of  the  family  devolved  upon 
him.  He  at  one  time  embarked  on  a  three-months'  cruise 
on  board  the  privateer  '•  Sullivan,"  but  the  voyage,  financially 
considered,  was  a  failure,  no  prizes  being  taken. 

Feeling  the  importance  of  doing  something  by  which  a 
comfortable  maintenance  might  be  assured,  he  learned  the 
trade  of  shipwright.  Having  perfected  himself  in  the 
trade,  he  commenced  business  at  the  landing  in  Kennebunk. 
There  he  built  many  ships  for  Theodore  Lyman,  Esq.,  a 
wealthy  ship-owner,  then  a  resident  there,  but  subsequently 
removing  to  Boston,  Mass. 

On  the  removal  of  Mr.  Lyman,  Mr.  Bourne  bought  his 
homestead,  and  continued  building  ships  on  his  own  account. 


in  most  of  which  he  retained  an  interest ;  so  that  previous 
to  the  war  of  1812  he  had  acquired  a  comfortable  compe- 
tency. 

Mr.  Bourne  was  thrice  married.  His  first  wife  was  Miss 
Abigail  Hubbard,  to  whom  he  was  married  Feb.  6,  1783, 
who  died  Dec.  10,  1787.  Their  children  were  Olive,  born 
July  10,  1784;  Samuel,  born  Dec.  1, 1785;  and  Benjamin, 
born  Sept.  3,  1787. 

His  second  wife  was  Sally  Kimball ;  married  June  19, 
1788;  died  May  29,  1794.  Their  children  were  John, 
born  Nov.  1,  1799;  James,  born  Aug.  5,  1792;  Charles, 
born  Dec.  10,  1793. 

His  third  wife,  to  whom  he  was  married  Sept.  10,  1794, 
was  Elizabeth,  widow  of  Israel  Wildes.  (Her  maiden  name 
was  Elizabeth  Perkins.  They  had  three  children, — Susan, 
born  June  26,  1786;  Eliza,  born  Nov.  5,  1787;  Abigail, 
born  June  6,  1790.) 

The  issue  of  this  third  marriage  were  Israel  W.,  Edward 
E.  (the  subject  of  this  sketch),  Thomas  P.,  George  W., 
Julia  A.,  and  Olive.  The  sons  have  all  deceased.  The 
daughters  survive, — Julia  A.,  as  the  wife  of  Henry  Kings- 
bury, who  succeeded  Mr.  Bourne  in  business,  with  his  son, 
George  W.  Bourne,  under  the  firm-name  of  Bourne  & 
Kingsbury,  and  who  still  occupies  the  old  homestead ;  and 
Olive,  the  widow  of  the  late  Capt.  Ivory  Lord,  also  living 
at  Kennebunk. 

Mr.  Bourne,  fully  appreciating  the  importance  of  a  good 
education,  which  the  early  death  of  his  parents  and  the 
unsettled  state  of  the  country  had  precluded  him  from  en- 
joying, determined  that  a  portion  of  the  fortune  which  he 
had  accumulated  in  his  manhood  should  be  devoted  to  a 
liberal  education  of  the  children  then  growing  up ;  and 
although  by  the  time  the  sons  were  old  enough  to  enter 
college  the  war  had  made  sad  inroads  upon  his  estate,  pre- 
venting the  prosecution  of  his  ordinary  business, — his  ships 
lying  idle  at  the  wharves, — he  still  adhered  to  his  cherished 
object  of  investing  a  portion  of  what  remained  in  a  colle- 
giate education  of  hLs  sons,  where,  safe  from  the  contin- 
gency of  material  mishaps,  it  should  continue  to  yield  to 
them,  through  all  their  lives,  its  fi-uits  of  increased  useful- 
ness, joy,  and  satisfaction. 

Israel,  Edward,  and  Thomas  were  educated  at  Bowdoin 
College.  George,  preferring  a  more  active  life,  remained  at 
home,  and  on  becoming  of  age,  entered  into  the  business 
of  ship-building  with  his  father,  under  the  firm-name  of 
John  Bourne  &  Son. 

Preparatory  to  entering  college,  Edward  was  sent  to 
South  Berwick  Academy  in  1811.  At  the  commencement 
in  September  of  the  next  year  he  was  admitted  to  Bowdoin 
College,  graduating  from  that  institution  at  the  age  of  nine-, 
teen.  Among  his  classmates  were  John  Searle  Tenney, 
chief  justice  of  the  Supreme  Court  of  Maine,  Prof  Al- 
pheus  S.  Packard,  of  Bowdoin  College,  and  the  late  Ran- 
dolph A.  L.  Codman,  of  Portland,  Me.,  one  of  the  most 
brilliant  lawyers  of  his  day. 

Immediately  after  graduation,  Mr.  Bourne  entered  the 
office  of  George  W.  Wallingford,  Esq.,  at  Kennebunk,  and 
prosecuted  his  legal  studies  there,  and  at  the  office  of  Thomas 
Bigelow,  Esq.,  at  Philadelphia,  during  the  term  of  three 
years  then  required  of  law  students,  and  at  the  October 


BENCH  AND  BAR  OF  YORK  COUNTY. 


tenn   (1819)  of   the  Court  of   Comnion    Plea.s  n)r    York 
County  was  ndmitted  to  the  har. 

Always  anxious  to  be  at  work,  he  felt  that  he  must  locate 
hiTnself  at  once  for  business.  Accordingly,  having  procured 
letters  of  introduction  from  Mr.  Wallint^ford,  Hon.  Joseph 
Dane,  and  others  to  prominent  men  in  the  eastern  part  of 
the  State,  he  set  forth,  believing  that  that  section  afforded 
a  good  field  for  practice.  After  looking  over  Kennebec 
County,  he  concluded  to  settle  in  the  little  town  of  Fairfax, 
now  called  Albion,  there  being  no  lawyer  there,  and  came 
back  to  his  home  to  make  the  necessary  preparations.  On 
his  return  to  Fairfax  he  was  surprised  to  find  that  an  older 
lawyer  had  in  the  mean  time  stepped  into  the  place  which 
he  had  supposed  to  be  his  own  by  right  of  discovery.  A 
practical  view  of  the  matter  showed  to  him  at  once  that  the 
business  of  the  place  could  not  well  support  two  of  the  pro- 
fession, and  although  assured  by  .some  of  its  citizens  that 
he  would  have  his  full  share  of  the  patronage,  he  preferred 
to  return  to  his  native  town  and  take  his  chance  with  three 
other  lawyers  then  in  practice,  two  of  whom- — Mr.  Walling- 
ford  and  Mr.  Dane — were  prominent  practitioners  in  the 
county.  He  opened  an  office,  but  had  hardly  commenced 
business  when  Jeremiah  Bradbury,  then  practicing  in  the 
town  of  York,  was  appointed  clerk  of  the  courts,  necessi- 
tating his  removal  to  Alfred,  the  county-seat.  The  death 
of  Isaac  Lyman,  and  the  removal  of  Asa  Freeman  to  Dover, 
N.  H.,  at  about  the  same  time,  left  the  ancient  town  of  York 
without  a  resident  legal  adviser.  Thither  Mr.  Bourne  went, 
and  took  the  ofiice  vacated  by  Mr.  Bradbury  in  October, 
1820.  There,  amidst  pleasant  surroundings,  with  fair  busi- 
ness prospects,  he  would  probably  have  remained,  but  Hon. 
Joseph  Dane  having  been  chosen  to  represent  his  district  in 
the  new  State  of  Maine  in  the  Seventeenth  Congress  of  the 
United  States,  proposed  to  Mr.  Bourne  that  he  should  re- 
turn to  Kennebunk  and  occupy  his  office,  tendering  him 
the  free  use  of  his  valuable  library.  This  flattering  offer 
he  gladly  accepted,  and  in  the  course  of  about  two  years 
he  became  so  assured  in  his  position  as  to  feel  justified 
in  taking  to  himself  a  wife.  He  was  married  Oct.  31, 
1822,  to  Mary  H.,  daughter  of  Richard  and  Dorothy 
(Moodyj  Gilpatrick.  Mr.  Gilpatrick  was  a  man  of  wealth 
and  position,  and  engaged  at  that  time  in  various  business 
enterprises.  He  was  the  proprietor  of  what  is  now  known 
as  the  "  Factory  Privilege"  at  the  village,  upon  which  he 
built  an  iron-manufactory,  located  below  the  lower  dam,  and 
a  cotton-factory,  in  which  he  had  a  half-interest,  standing 
on  the  site  of  the  present  saw-mill. 

Mrs.  Bourne  died  March  23,  1852,  at  the  age  of  fifty- 
two.  Of  her  Judge  Bourne  says,  in  his  manuscript  his- 
tory of  the  Bourne  family,  "  She  was  naturally  of  a  lively, 
animated,  happy  disposition,  and  in  her  deportment  gentle, 
kind,  and  courteous,  looking  to  the  ease  and  happiness  of 
all  with  whom  she  associated.  Her  soul  yearned  to  do 
good,  and,  under  the  impulses  of  such  a  spirit,  she  was 
ever  given  to  hospitality,  ready  to  supply  the  needs  of  the 
poor  who  sought  her  aid,  and  on  all  occasions  to  do  all  in 
her  power  to  lighten  the  burdens  and  sorrows  of  others." 

Mr.  and  Mrs.  Bourne  had  four  children,  viz.,  Julia  M., 
Edward  E.,  Lizzie  G.,  and   Mary  Olivia      Edward  alone 
survives,  and  is  now  practicing  law  at  Keuuebuuk.     Mary 
12 


Olivia  died  in  infancy.  Julia  M.  died  Nov.  l.S,  1851. 
Lizzie  G.  perished,  overtaken  by  a  sudden  storm  of  wind, 
while  ascending  Mount  Wa.shington,  in  company  with  her 
uncle  and  cousin,  Sept.  14,  1855. 

Mr.  Bourne  was  again  married  on  Feb.  16,  1853,  to 
Mrs.  Susan  H.  Lord,  widow  of  Capt.  Tobias  Lord,  and 
daughter  of  the  late  Capt.  Joseph  Hatch,  of  Kennebunk, 
whose  refined  society  and  congenial  ta.<tes  contributed  in  a 
large  measure  to  the  happiness  of  his  home  during  all  his 
remaining  years. 

Mr.  Bourne  in  early  manhood  manifested  a  zealous  in- 
terest in  all  the  moral,  social,  educational,  and  political 
questions  of  the  day.  When  the  attention  of  the  people 
was  first  called  to  the  evils  of  intemperance,  he  enlisted  in 
the  cause  with  all  his  accustomed  earnestness  and  vigor. 
During  the  entire  winter  of  1832,  whenever  the  weather 
permitted,  he  was  abroad  with  his  co-laborers  holding  meet- 
ings in  the  several  school  districts  of  the  town,  endeavoring 
to  impress  his  hearers  with  the  importance  of  the  subject, 
and  the  necessity  of  action  upon  it. 

In  1 82-1  the  question  of  the  removal  of  the  courts  from 
Alfred  to  Kennebunk  was  agitated.  In  this  he  naturally 
took  great  interest,  writing  frequent  newspaper  articles  upon 
the  subject ;  and  when,  in  1859,  the  question  of  the  re- 
moval to  Saco  was  presented,  he  was  called  upon  to  repre- 
sent the  petitioners  before  the  Legislative  committee.  His 
argument  there  was  considered  one  of  his  most  successful 
efforts. 

In  1817  au  artillery  company  was  formed  in  Wells,  em- 
bracing several  members  from  Arundel.  It  was  organized 
by  choice  of  Barnabas  Palmer,  Captain;  William  W.  Wise, 
Lieutenant;  Edward  E.  Bourne,  Ensign;  and  Davenport 
Tucker,  Clerk ;  and  when  afterwards  Capt.  Palmer  was 
elected  major,  Mr.  Bourne  was  appointed  adjutant. 

Mr.  Bourne  was  elected  one  of  the  selectmen  of  his 
native  town  in  1828,  and  continued  in  that  capacity  until 
1833.  He  represented  the  town  in  the  State  Legislature 
from  1826  to  1831,  inclusive.  While  there  he  took  an 
active  part  in  the  debates,  always  advocating  what  he  be- 
lieved to  be  right,  regardless  of  party  dictation.  This 
characteristic  was  strongly  apparent  in  the  course  taken  by 
him  in  the  proceedings  in  filling  the  several  vacancies  oc- 
curring by  the  death  of  Governor  Lincoln,  who  died  in 
office  during  the  year  1829.  On  the  assembling  of  the 
Senate  in  January  following,  it  appeared  that  only  sixteen 
out  of  the  twenty  senators  were  elected  by  the  people,  and 
those  sixteen  were  equally  divided  between  the  two  political 
parties.  After  occupying  several  days  iu  unsuccessful 
attempts  to  elect  a  president, — each  party  voting  for  its 
own  candidate, — the  National  Republicans,  with  whom  Mr. 
Bourne  was  in  sympathy,  gave  way  so  far  as  to  take  a  new 
candidate  from  the  opposing  party,  voting  for  the  Rev. 
Joshua  Hall,  senator  from  Waldo  County,  which,  with  the 
aid  of  his  individual  ballot,  secured  his  election.  The 
constitution  provides  that  whenever  the  ofiice  of  Governor 
shall  become  vacant,  by  death  or  otherwise,  the  President 
of  the  Senate  shall  exercise  the  duties  of  Governor  until 
another  shall  be  "  duly  qualified,"  and  that  "  his  duties  as 
President  shall  be  suspended,  and  the  Senate  shall  fill  the 
vacancy  until  his  duties  as  Governor  shall  cease," 


HISTORY   OF   YORK    COUNTY,  MAINE. 


It  was  supposed  that  President  Hall  would  at  once  vacate 
his  office  and  assume  the  duties  of  Governor ;  but,  contrary 
to  expectation,  he  remained,  voting  with  his  party  in  their 
declared  purpose  of  preventing  a  convention  with  the  House 
to  fill  the  vacancies. 

This  state  of  things  continued  through  the  month  of 
January,  when,  at  a  private  consultation  of  the  Nationals, 
it  was  determined  that  a  convention  of  the  two  branches 
should  be  formed  by  the  House  appointing  the  hour  and 
giving  notice  to  the  Senate,  and  if  the  Senate  refused  to 
concur,  or  act  upon  the  proposition,  then  all  the  Republi- 
can senators  should  meet  the  House,  and,  as  a  convention, 
the  two  branches  should  proceed  to  fill  the  vacancies. 
Against  this  proposed  action  Mr.  Bourne  protested,  declar- 
ing that  it  was  illegal,  and  contrary  to  the  provisions  of 
the  constitution.  He  stood  alone.  All  his  political  asso- 
ciates accepted  the  proposition.  The  two  branches  met  in 
that  manner,  and  thus  filled  the  vacancies.  But  when  after- 
wards (Feb.  15,  1830)  the  opinion  of  the  justices  of  the 
Supreme  Court  was  taken  by  Governor  Hunton,  it  was  held 
by  the  court  that  the  vacancies  were  illegally  filled,  thus 
sustaining  the  position  taken  by  Mr.  Bourne.  (See  Opin- 
ion of  Justices,  "  Greenl.  Rep.,"  vol.  vii.  page  489.) 

Early  the  next  session  a  bill  was  introduced,  called  a 
"  Healing  Act,"  to  confirm  and  legalize  this  illegal  pro- 
ceeding. This  measure  Mr.  Bourne  opposed  for  the  same 
reason.  He  would  not  lend  his  aid  in  favor  of  his  own 
party  to  an  attempt  to  legalize  a  proceeding  which  he  be- 
lieved to  be  illegal,  and  which  was  unauthorized  by  the  con- 
stitution as  construed  by  the  Supreme  Court  of  the  State. 

The  following  year  Mr.  Bourne  declined  a  renomination, 
and  from  tliat  time  devoted  himself  to  his  profession.  His 
business  increased  until  he  was  engaged  in  a  large  propor- 
tion of  the  litigated  cases  in  his  county.  As  a  lawyer  he 
was  faithful  to  his  clients,  giving  to  each  individual  case  his 
best  effort.  While  he  was  untiring  in  his  labor  when  once 
enlisted  in  a  cause,  he  always  remembered  the  oath  taken 
on  his  admission  to  the  bar, — "  I  will  not  wittingly  or  wil- 
lingly promote  or  sue  any  false,  groundless,  or  unlawfiil  suit, 
nor  give  aid  or  consent  to  the  same," — and  would  on  no 
account  lend  his  services  to  the  prosecution  of  a  claim  not 
well  founded  in  law  or  fact. 

In  1818  he  was  appointed  by  the  Governor  State's  attor- 
ney for  York  County.  In  this  office  he  was  superseded  by 
a  political  opponent  the  following  year,  but  was  re-appointed 
in  1841,  and  when  afterwards  the  office  was  made  subject  to 
the  popular  vote  he  received  the  nomination,  but,  his  party 
being  in  the  minority,  fiuled  of  an  election. 

By  an  amendment  of  the  constitution  in  185G  the  office 
of  judge  of  probate  became  elective.  Mr.  Bourne  received 
the  nomination  for  his  county,  and  was  elected  by  a  large 
majority.  Such  was  his  popularity  and  acknowledged  fitness 
for  the  position  that,  contrary  to  the  usual  party  custom,  he 
was  four  times  elected, — holding  the  office  sixteen  years, — 
when  failing  health  rendered  it  necessary  for  him  to  retire 
from  the  public  service. 

Upon  his  retirement  the  members  of  the  bar  presented 
him  with  a  valuable  gold  watch  as  a  token  of  their  respect 
for  the  faithful  and  impartial  manner  in  which  he  had  dis- 
charged the  duties  of  his  office  during  his  long  term.     It 


may  be  remarked  in  pas.sing  that  it  was  regarded  as  a  good 
practical  joke  by  his  most  intimate  friends,  who  well  knew 
his  marked  jmnctuality  upon  any  and  all  occasions,  impor- 
tant or  otherwise, — so  marked  that,  as  one  of  the  family  play- 
fully said,  it  had  become  one  of  his  "  greatest  failings," — 
that  the  members  of  the  bar  should  select  a  watch,  and  the 
teachers  of  the  Sunday-school  of  which  he  was  superin- 
tendent, a  few  years  previously,  a  mantel-clock,  as  a  token 
of  regard. 

His  court  was  holden  monthly,  and  although  held  in 
several  towns  in  the  county,  oftentimes  requiring  a  long 
ride  in  an  inclement  season,  he  never  but  once  failed  to  be 
present  promptly  at  tho,  hour  during  the  sixteen  years. 
That  one  exception  occurred  during  the  winter  of  his  last 
year  of  service,  when,  on  account  of  the  sickness  of  the 
judge,  the  register  adjourned  the  court  two  days.  That 
term  being  holden  at  Saco,  and  the  Supreme  Court  being 
at  the  same  time  in  session,  but  little  inconvenience  was 
occasioned  to  the  members  of  the  bar  in  attendance  there. 

Judge  Bourne  never  allowed  personal  convenience  to  in- 
terfere in  the  slightest  degree  with  a  prompt  discharge  of 
duty.  Once  when  the  court  was  holden  at  Alfred,  a  dis- 
tance of  twelve  miles  from  his  home,  he  started  in  a  snow- 
storm, with  his  son,  in  his  private  conveyance,  and  by 
shovelling  through  the  drifts  arrived  in  due  time,  opened 
his  court,  and  continued  the  session  all  day,  although  but 
one  other  person  (besides  the  register  living  in  town),  a  resi- 
dent lawyer,  was  present  during  the  court.  It  was  a  source 
of  satisfaction  and  a  sufficient  reward  to  him  that  he  had 
been  able  to  be  present  in  his  place,  although  he  only  umited 
the  entire  day. 

"  The.v  also  serve  who  only  stand  and  wait." 

Early  in  life  Judge  Bourne  manifested  an  interest  in  his- 
torical matters.  In  1831  he  wrote  a  history  of  his  town, 
which  was  presented  by  him  (in  manuscript)  to  the  library 
of  the  First  Parish  Sunday-school.  This  was  designed 
more  especially  for  the  children.  He  afterwards,  at  the  re- 
quest of  the  Maine  Historical  Society,  prepared  an  elabo- 
rate history  of  the  towns  of  Wells  and  Keunebunk,  down 
to  1820,  when  the  latter  town  (before  that  time  a  part  of 
Wells)  was  incorporated,  wliich  was  published  by  his  son 
soon  after  his  decease. 

In  1834  he  was  elected  a  member  of  the  Maine  Histori- 
cal Society,  and  on  the  resignation  of  the  Hon.  William 
Willis  of  the  presidency  was  chosen  in  his  place.  He  con- 
tributed many  valuable  papers  to  the  society.  With  his  4 
accustomed  promptness  he  was  uniformly  present  at  the 
meetings,  many  of  which  were  holden  at  a  long  distance  from 
his  home,  and  it  was  his  practice  always  to  prepare  two  or 
more  papers  to  be  read  in  case  others  who  were  expected  to 
address  the  meeting  fiiiled.  Several  of  these  were  lefl  un- 
used at  his  decease.  Prof.  Packard,  in  a  letter  to  his  widow, 
written  shortly  after  his  death,  says  of  him,  "  The  success 
of  the  '  Field  Days'  of  the  society  was  largely  due  to  liis 
energy,  and  at  the  close  of  a  recent  one  it  was  a  common 
remark,  'We  owe  our  success  and  enjoyment  of  the  day  to 
Judge  Bourne.'  " 

In  1866,  Judge  Bourne  was  elected  a  member  of  the 
New  England  Historic  Genealogical  Society.     He  was  an 


BENCH  AND  BAR  OF  YORK  COUNTY. 


occasional  contributor  to  the  Hisloricdl  and  Genealogical 
Negister,  and  also  to  the  Ilisturlcal  Magazine.  In  the 
hinguage  of  C.  W.  Tuttle,  Esq.,  in  liis  remarks  before  the 
New  England  Historic  Genealogical  Society  relative  to  the 
death  of  Judge  Bourne,  "  He  kept  pace  with  the  progress 
of  historical  investigation  and  discovery  in  all  directions." 

From  early  youth  he  was  a  devout  believer  in  the  Chris- 
tian religion.  lu  April,  1829,  he  united  with  the  church  of 
the  First  Congregational  Parish  of  Konnebunk  (Unitarian"), 
and  from  that  time  to  the  day  of  his  death  was  an  earnest 
working  member.  He  was  a  regular  attendant  upon  the 
services  of  the  Sabbath,  as  well  as  the  week-day  evening 
meetings,  vphere  he  was  always  ready  to  assist  in  the  ser- 
vice by  words  of  exhortation  and  encouragement. 

He  was  the  originator  of  the  Wednesday  evening  prayer- 
meeting,  established  in  1830,  the  first  meeting  being  held 
at  the  house  of  Capt.  Levi  P.  Hillard. 

He  was  connected  with  the  Sunday-school  of  the  parish 
})io/e  than  half  a  century, — a  teacher  in  1819,  and  super- 
intendent from  1826  to  his  death,  excepting  a  short  time  when 
the  school  was  in  charge  of  his  brother,  George  W.  Bourne. 

His  religion  regulated  and  controlled  his  daily  life.  To 
use  a  homely  expression,  "  he  lived  up  to  it."  As  an  in- 
stance of  the  practical  nature  of  his  religious  sentiments,  we 
advert  to  the  fact  that  one  of  his  first  official  acts,  upon  as- 
suming the  office  of  judge  of  probate,  was  the  changing  of 
the  day  of  holding  his  court  from  Monday  to  Tuesday, 
that  there  might  be  no  necessity  of  traveling  on  Sunday. 

Judge  Bourne  was  for  seven  years  a  member  of  the  board 
of  trustees  of  Bowdoin  College,  and  in  1872  received  from 
that  institution  the  degree  of  Doctor  of  Laws.  President 
Chamberlain,  in  a  letter  written  not  long  after  his  death, 
says,  "  Judge  Bourne  was  one  of  my  truest  and  most 
valued  friends.  He  was  one  of  the  few  I  have  known  the 
ardor  of  whose  attachments  to  person  or  party  never  im- 
paired the  soundness  of  their  judgment,  nor  obscured  their 
sense  of  justice.  He  could  be  a  warm  friend  and  a  cool 
judge  ;  he  could  be  true  to  each  and  just  to  all.  I  honor 
his  memory,  and  shall  still  cherish  his  friendship."  ■  He 
died  Sept.  23,  1873. 

The  writer  is  aware  that  the  design  of  this  book  will  not 
admit  of  any  extended  individual  biography,  and  perhaps 
he  has  already  occupied  his  full  share  of  the  space  allotted 
to  biographical  sketches;  but  he  hopes  that  he  will  be  par- 
doned for  adding  the  following  quotation  from  the  memoir 
of  Judge  Bourne,  by  Hon.  Edwin  B.  Smith,  published  soon 
after  his  death  by  the  New  England  Historic  Genealogical 
Society,  detailing  some  interesting  facts  connected  with  his 
last  hours,  and  bearing  upon  his  distinguishing  character- 
istics. 

"  The  common  expression  '  he  will  be  missed'  has  a 
peculiar  signification  when  applied  to  Judge  Bourne.  Not 
only  as  the  historian,  the  judge,  the  safe  and  prudent  coun- 
selor shall  we  miss  him,  but  as  the  bright,  cheerful  Chris- 
tian gentleman.  Perhaps  it  was  this  quality,  more  than 
any  other,  that  peculiarly  endeared  him  to  his  friends.  His 
cheerfulness  under  all  the  dispensations  of  the  Heavenly 
Father  (and  he  was  called  to  endure  severe  afflictions  in  the 
removal  of  all,  save  one,  of  his  immediate  family,  to  whom 
he  was  tenderly  attached)  was  remarkable.     It  was  a  cheer- 


fulness founded  on  full  faith  in  Divine  Providence, — a  faith 
which  rendered  the  blessings  of  life  more  joyous,  while  it 
sent  a  bright  gleam  through  the  deepest  affliction.  It  did 
not  fail  him  at  the  last. 

"  Contrary  to  the  expectation  of  him.self  and  his  friends 
(who  had  supposed  a  sudden  death  probable),  he  was  for 
the  last  three  or  four  weeks  a  great  suffijrer.  He  was 
obliged  to  sit  in  his  chair  most  of  the  time,  day  and  night, 
and  could  get  but  little  sleep.  His  disease  was  of  such  a 
nature  that  some  effort  was  required  for  respiration,  and 
when  for  a  moment  he  was  overpowered  by  sleep,  and, 
losing  consciousness,  ceased  to  make  the  unusual  effort  re- 
(|uisite,  he  was  immediately  awakened  by  the  most  excru- 
ciating suffering, — probably  caused  by  partial  strangulation. 
Yet,  when  he  was  permitted  to  enjoy  temporary  relief,  he 
was  inclined  to  talk,  and  conversed  with  his  friends  in  his 
old  cheery  way,  seldom  alluding  to  himself  or  his  suffer- 
ings, but  showing  the  same  interest  as  formerly  in  others, 
their  pursuits  and  enjoyments.  He  kept  up  his  participa- 
tion in  spirit  in  whatever  interested  the  community.  Only 
a  day  or  two  before  his  death,  he  reminded  his  pastor  that 
the  one  hundredth  anniversary  of  the  occupancy  of  the 
old  church  in  which  he  had  so  long  worshiped  would 
occur  on  the  second  Sabbath  of  January  next  (1874).  He 
thought  there  should  be  some  commemoration  of  the  event, 
and  remarked  that  he  had  contemplated  preparing  an  ap- 
propriate address  for  the  occasion.  He  referred  his  pastor 
to  some  minutes  of  facts  in  his  possession  compiled  for  that 
purpose,  and  requested  him  to  prepare  an  address. 

"  Judge  Bourne  seldom  spoke  of  his  religious 
even  to  his  most  intimate  friends.  It  was  a  sacred  i 
to  him, — too  sacred  to  be  talked  about  on  ordinary  occasions. 
In  his  last  hours,  when  suffering  intensely,  and  when  he 
knew  that  he  could  live  but  a  few  hours  at  most,  he  several 
times  expressed  the  wish  that  he  might  soon  be  released ; 
but  as  to  the  untried  scenes  upon  which  he  was  conscious 
he  was  about  to  enter,  he  said  but  little.  He  felt  no  appre- 
hension. He  merely  said  to  a  clerical  friend,  with  whom 
he  had  lived  on  terms  of  great  intimacy  for  many  years, 
'  I  have  no  anxiety  about  the  future.' 

" '  His  was  a  faith  sublime  and  suie.' 

"  It  is  very  seldom,  indeed,  that  the  name  of  any  citizen 
is  so  closely  and  thoroughly  identified  with  every  interest, 
civil  and  military,  religious,  moral,  and  social,  commercial, 
business,  and  personal,  of  the  community  in  which  he  lives, 
as  Judge  Bourne's  has  been  for  the  last  half-century  with 
those  of  the  town  of  Kennebunk,  where  he  spent  a  life  use- 
ful and  happy  to  its  close,  without  reproach,  and  where  his 
death  is  universally  lamented." 


CHAPTER    XXIV. 

BENCH  AND  BAE— (Concluded). 

Biugraphical  Slietciies — Brief  Mention — List  of  the  Present  Members 
of  the  York  County  Bar. 

JOSEPH    BARTLETT. 
In   1803    came   to  Saeo  Joseph   Bartlett,  an   eccentric 
man,  and  one  of  the  wits  of  the  bar.      He  was  born  June 


HISTORY   OP   YORK    COUNTY,  MAINE. 


10,  1762,  in  Plymoutb,  Mass.,  and  graduated,  with  honor- 
able standing,  at  Harvard  in  1782  ;  his  scholarship  being 
such  as  to  entitle  biui  to  membership  in  the  highest  literary 
society  of  the  college, — the  Phi  Beta  Kappa.  He  pursued 
the  study  of  law  for  a  while  at  Salem,  but  at  the  close  of 
the  Revolution  went  to  England,  where  be  led  a  wild, 
irregular  life  with  boon  companions,  in  whose  society  his 
wit  and  reckless  manners  made  him  acceptable.  He  passed 
his  time  in  London  iu  gambling  and  dissipation,  and, 
getting  into  debt,  was  thrown  into  prison,  from  which  he 
procured  his  release  by  writing  a  play,  in  which  he  appeared 
as  one  of  the  actors.  He  then  procured,  upon  credit,  a 
cargo  of  goods,  with  which  he  set  sail  for  America,  but  his 
vessel  was  wrecked  on  Cape  Cod.  We  next  hear  of  him 
among  the  forces  of  Massachusetts  raised  to  put  down  the 
Shays  rebellion,  where  he  appears  as  a  captain  of  volunteers, 
but  returning  to  the  law  again  after  the  war.  He  com- 
menced practice  in  Woburn,  whence  he  removed  to  Cam- 
bridge in  1796,  and  became  zealous  in  the  affairs  of  the 
town  and  the  college.  He  seems  to  have  been  still  honored 
by  the  Phi  Beta  Kappa,  for  in  1799  he  delivered  a  poem 
before  that  society,  which  was  considered  a  talented  per- 
formance, in  bis  peculiar  vein  of  wit  and  satire.  In  a  trial 
at  Plymouth  between  a  mother  and  a  son,  during  the  time 
of  his  residence  in  Cambridge,  be  delivered  a  speech,  or 
rather  a  serio-comic  argument,  some  passages  of  which  well 
illustrate  his  manner  of  mingling  the  pathetic  and  the  ri- 
diculous. He  commented  upon  the  sadness  of  such  a 
quarrel  between  a  parent  and  a  child,  and,  said  he,  ''  It  is  a 
shame  that  such  a  thing  should  occur  here  in  the  old  town 
of  Plymouth,  under  the  shadow  of  the  hill  on  which  were 
the  graves  of  the  foreftithers,  and  on  which  I  have  myself 
often  picked  huckleberries." 

In  Saco  he  took  the  popular  side  in  politics,  being  an 
ardent  Democrat.  By  his  long  experience,  his  readiness  as 
an  advocate,  his  fastidious  and  agreeable  manners,  he  became 
very  popular,  and  for  a  while  had  a  great  run  of  business. 
He  was  elected  to  the  Senate  of  Massachusetts  in  1805. 
He  afterwards  attempted  to  set  up  Daniel  Cleaves  as  a  can- 
didate for  Congress,  in  opposition  to  Col.  Richard  Cutts, 
who  was  first  elected  from  that  district  in  1800,  and  held 
the  office,  by  six  successive  elections,  through  the  adminis- 
tration of  Mr.  Jefferson  and  part  of  that  of  Mr.  Madison. 
In  attempting  thus  to  usurp  the  management  of  the  party 
against  such  leaders  as  Col.  Cutts  and  Dr.  Thornton,  he 
overestimated  his  personal  strength  vastly,  and  iu  the  rash 
and  egotistical  attempt  was  the  chief  sufferer.  The  organs 
and  leaders  of  the  party  opened  upon  him  with  great 
severity,  and  withered  him  and  his  business  together  into 
insignificance.  Although  he  brought  an  action  against 
Nathaniel  Willis,  of  the  Eastern  Argus,  for  libel  and  im- 
prisoned him  and  recovered  damages,  it  did  not  help  bis 
cause ;  while  it  put  money  in  his  pocket  it  ruined  his  busi 
ness  in  Saco,  and  he  was  obliged  to  move  out  of  the  town. 
He  left  the  State  in  1809  or  1810,  and  lived  afterwards  on 
his  desultory  literary  labors.  He  drifted  about  from  place 
to  place,  and  finally  turned  up  in  Boston,  where,  on  the 
4th  of  July,  1823,  he  delivered  an  oration  in  the  hall  of  the 
Exchange  Coffee-House,  and  recited  an  ode  entitled  the 
"  New  Vicar  of  Bray,"  which  are  mentioned  by  Mr.  Lor- 


ing  in  his  "  Hundred  Boston  Orators."  The  same  year 
he  published  an  edition  of  poems,  dedicated  to  John  Quincy 
Adams,  to  which  he  appended  "  Aphorisms  on  Men,  Prin- 
ciples, and  Things."  While  living  in  Saco  he  edited  a 
paper  called  The  Freeman's  Friend,  and  on  the  4th  of  July, 
1805,  delivered  an  oration  at  Biddeford.  In  1827,  at  the 
age  of  sixty-five,  he  wrote  the  following  epitaph  upon  him- 
self: 

"  'Tis  done  !  the  fatal  stroke  is  given, 
And  Bartletf  s  fled  to  hell  or  heaven ; 
His  friends  approve  it,  and  his  foes  applaud, 
Yet  he  will  have  the  verdict  of  his  God." 

WILLI.iM    ]i.    SEWALL. 

"  No  name,"  says  Mr.  Willis,  "  was  more  honored  at  the 
bar  and  in  the  courts  of  Massachusetts  and  Maine,  for  more 
than  a  century,  than  that  oi'  Seivall.  Prom  1692  to  1819 
— a  period  of  one  hundred  and  twenty-six  years— one  of 
the  family  had  a  seat  upon  the  bench  of  the  highest  courts 
for  one  hundred  years,  about  twenty-five  of  which  as  a 
chief  justice:  these  were  Samuel,  Stephen,  David,  and 
Samuel,  all  descendants  from  Henry,  the  first  American 
ancestor,  who  came  to  Newbury,  Mass.,  from  Coventry, 
England,  in  1634.  Besides  these  were  Jonathan,  attor- 
ney-general before  the  Revolution,  and  Daniel  and  Henry, 
in  this  State,  clerks,  time  out  of  mind.  They  seem  to  have 
had  a  prescriptive  right  to  the  bench  and  bar  and  places  in 
court,  nor  were  they  much  less  prominent  in  the  church, 
whose  pulpits  they  have  filled  with  eminence,  all  along  the 
course  of  our  history.  Pew  names  in  our  annals  have  had 
a  higher  rank  and  distinction  than  theirs." 

William  Bartlett  Sewall  was  the  only  son  of  Daniel  Sewall, 
the  time-honored  clerk  of  the  courts  in  York  County,  who 
descended  from  the  first  Henry,  through  his  second  son, 
John.  He  was  born  in  York,  Dec.  18,  1782.  His  mother 
was  Dorcas  Bartlett,  daughter  of  John  H.  Bartlett,  of  Kit- 
tery.  He  was  prepared  for  college  at  a  grammar  school  in 
York,  and  entered  Harvard  in  1799,  where  he  was  a  class- 
mate of  Benjamin  Ames,  Dr.  Asa  Eaton,  of  Salem  Church, 
Boston  ;  Prof  John  Parrar,  of  Harvard  College ;  Rev.  Na- 
than Parker,  of  Portsmouth  ;  Rev.  Dr.  Payson,  of  Portland  ; 
James  Savage,  of  Boston ;  and  Samuel  Willard,  D.D.,  of 
Deerfield.  He  was  a  member  of  the  highest  college  society. 
On  taking  his  degree  he  entered  the  office  of  Judge  Isaac 
Parker,  of  Portland,  in  December,  1803,  and,  on  account 
of  the  retirement  of  Judge  Parker,  in  1806,  completed  his 
legal  studies  with  Edward  St.  Loe  Livermore,  at  Portsmouth, 
and  was  admitted  to  the  bar  in  Essex  County.  He  returned 
to  Portland,  where  he  opened  an  office,  was  admitted  to  the 
Supreme  Court  in  Cumberland  County,  and  soon  became  a 
partner  with  Chief- Justice  Mellen.  On  the  26th  of  No- 
vember, 1816,  he  married  Betsey  Cross,  of  Portland,  who 
lived  about  three  years  after  their  marriage ;  and  Mr.  Sewall, 
upon  her  death,  in  1819,  removed  to  Kennebuuk,  and  re- 
occupied,  with  his  aged  father  and  sisters,  the  old  home- 
stead. He  assisted  bis  father  in  the  duties  of  his  offices,  as 
clerk  and  register  of  probate,  during  the  remainder  of  the 
time  he  continued  to  hold  them.  In  1823  he  returned  to 
Portland  and  took  charge  of  the  editorial  department  of  the 
Advertiser,  which  he  continued  to  conduct  several  years, 
adding  in  the  mean  time  a  semi-weekly  edition.     In  1837  he 


BENCH  AND  BAK  OF  YORK  COUNTY. 


returned  to  Keoocbunk,  where  he  married  for  his  second 
wife  Mariah  M.  Gilpatrick,  daughter  of  Richard  Gilpatrick, 
of  Kennebuiik,  Jan.  26,  1841,  in  whose  congenial  society 
ho  passed  the  remainder  of  his  days,  in  the  calmness  and 
serenity  which  wait  on  a  genial  temper,  and  follow  towards 
its  close  a  life  of  gentleness,  purity,  and  uniform  benignity. 
He  died  at  Kennebunk  on  the  4th  of  March,  1869,  leaving 
no  children. 

Mr.  Sewall  was  a  good  lawyer,  had  a  clear  and  discrimi- 
nating mind,  and  had  great  accuracy  and  familiarity  with 
the  forms  of  practice  and  the  art  of  conveyancing.  But 
his  extreme  diffidence  and  modesty  deterred  him  from  mak- 
inn  any  exhibition  in  court,  or  taking  any  position  as  an 
advocate.  Perhaps  the  circumstance  of  his  connection 
with   Mr.   Mellen,   in   the  early  years  of  his  practice,  re- 


the  scholar  to  the  wrangles  of  the  bar,  and  devoted  much 
time  to  poetry  and  prose  composition,  which  illuminated 
the  columns  of  the  newspapers  and  periodicals.  In  con- 
nection with  the  wits  about  town, — Savage,  Payson,  Daveis, 
Deering,  Carter,  Wright,  and  others,  Portland  was  kept  in 
good  humor ;  and  the  Pilgrim,  Prowler,  Nlght-TIaioh,  and 
Torpedo  flashed  with  merriment  which  would  have  done 
honor  to  the  Salamagundi  or  to  the  modern  Punch. 

When  he  went  to  Portland,  in  1808,  he  found  his  class- 
mates. Savage  and  Payson  (afterwards  the  distinguished 
preacher,  but  at  that  time  the  preceptor  of  the  new  acad- 
emy), pursuing  their  studies  there,  and,  to  amuse  them- 
selves, they  were  writing  a  series  of  articles  in  the  Old 
Portland  Gazette  (then  edited  by  Isaac  Adams)  over 
the  signature  of  "  Pilgrim."      They   immediately  pressed 


Photo,  by  J.  T.  Locke,  Kennel.unk, 


yU^:iKJ ,  <^^^^z.^:^ 


strained  him  from  aiming  at  or  acquiring  any  experience 
as  an  advocate.  Mr.  Mellen  argued  all  his  own  causes,  as 
well  as  many  of  those  commenced  by  other  lawyers,  with 
rare  zeal  and  ability,  so  that  a  junior  partner  could  have 
no  opportunity  to  acquire  facility  in  the  art.  Mr.  Sewall 
had  great  delicacy  and  sensitiveness  of  taste  ;  nothing  com- 
monplace or  inferior  could  ever  satisfy  the  demand  of  his 
own  criticism.  He  had  had  also  a  shrinking  diffidence 
which  seemed  to  be  natural  to  the  family, — his  father  and 
uncles,  Jotham  and  Henry,  had  it ;  so  had  the  excellent 
judge,  David  Sewall,  and  the  wise  and  modest  chief  jus- 
tice, Samuel  Sewall,  who  died  while  holding  court  at  Wis- 
casset  in  1814. 

Mr.  Sewall  was  a  scholar  and  a  ripe  one,  of  cultivated 
taste  and  fine  thought.      He  preferred  the  quiet  pursuits  of 


Sewall  into  the  service,  and  ho  became  a  joint  contributor 
to  those  agreeable  literary  productions,  which  instructed  and 
amused  the  town.     The  Prowler  followed,  and  these  more 


formal   essays  were  intenspers 


ith 


3y  a  squH 


and 


New  Year's  Hudibrastic  verses,  which  lighted  up  the  pro- 
saic columns  of  the  Gazette. 

Mr.  Sewall  had  a  great  fondness  for  mathematical  studies, 
which  he  pursued  to  a  large  extent  in  college,  and  was  re- 
warded for  his  attainments  in  that  branch  by  an  assign- 
ment of  "  exercises  in  mathematics  and  astronomy '  at 
commencement,  with  two  others  of  his  classmates,  Nathan 
Parker  and  Daniel  Swan.  This  taste  was  probably  imbibed 
in  early  life  from  his  father,  who  had  quite  a  genius  for 
mathematical  calculations,  which  manifested  itself  in  the 
preparation  of  almanacs,  and  the  like  labors.     Both  father 


HISTORY   OF   YORK   COUNTY,  MAINE. 


and  son  worked  much  in  that  line,  in  which  they  took 
pleasure  and  made  great  proficiency.  The  son,  when  young, 
assisted  his  father  in  almanac-making ;  and,  when  in  the 
practice  of  his  profession,  beguiled  the  leisure  time  in  pre- 
paring a  "  Register  for  Maine,"  which  he  published  several 
years  after  the  separation  from  Massachusetts.  In  connection 
with  Judge  Bourne,  of  Keuuebuuk,  he  prepared  the  "  Reg- 
ister of  Maine  for  1820."  This  being  the  first  published  in 
the  new  State,  was  very  full,  and  contained  a  vast  deal  of 
useful  information,  in  a  compact  form.  It  contained  a 
chronological  account  of  the  various  settlements  in  Maine 
from  the  earliest  time,  with  notice  of  early  grants,  etc. ;  the 
act  of  separation,  the  new  constitution,  and  the  list  of  dele- 
gates to  the  convention,  tariff'  of  duties,  army  and  navy  reg- 
ister, besides  the  usual  matter  embraced  in  such  works.  He 
continued  the  publication  of  the  "  Register"  several  years ; 
for  the  labor,  care,  and  investigation  in  which,  the  sales 
poorly  compensated.  These  humble  but  very  valuable  sta- 
tistical works  are  not  appreciated  in  their  day  so  much  as 
tliey  ought  to  be ;  nor  is  the  labor  and  skill  necessary  in 
the  preparation  sufficiently  estimated.  A  full  series  of  these 
works  is  invaluable  to  one  who  is  collecting  materials  for  a 
history,  or  who  desires  to  see  the  form  and  pressure  of  the 
times  long  gone  by. 

In  all  works  of  this  kind,  and  others  involving  .statistical 
habits  or  knowledge,  Mr.  Sewall  had  few  equals  in  his  day. 
What  he  did  he  did  thoroughly  and  well,  and  he  was  con- 
stantly busy  about  something  useful  or  amusing.  He  was 
one  or  two  years  secretary  of  the  Senate,  soon  after  the 
separation,  which  gave  him  facilities  in  his  favorite  pursuit; 
and  he  was  often  afterwards  employed  by  members  and 
committees  to  draft  and  prepare  bills  and  other  papers  to 
be  laid  before  the  Legislature,  in  which  his  dear  and  con- 
cise method  rendered  him  a  model  worthy  of  all  imitation. 
It  would  have  promoted  the  accuracy  and  precision  of  the 
statutes  if  this  practice  had  been  continued. 

He  was  always  cheerful,  social,  and  often  gay  ;  hif^  hu- 
mor was  racy,  and  the  play  of  mind  was  lambent  and  genial. 

SAMUEL    HUBBARD. 

On  the  removal  of  Judge  Miller  to  Portland  in  1806,  his 
place  at  Biddeford  was  occupied  by  Samuel  Hubbard,  who 
afterwards  became  a  distinguished  lawyer  and  judge  in 
Massachusetts.  Mr.  Hubbard  was  born  in  Boston,  in  1785, 
and  graduated  at  Yale  College  in  1802,  at  the  age  of  seven- 
teen. He  studied  his  profession  in  New  Haven,  in  the_ 
office  of  Judge  Chauncey,  for  two  years,  and  completed  his 
course  with  Charles  Jackson,  the  eminent  lawyer  and  judge 
of  Boston.  Immediately  after  his  admission  to  the  bar  in 
SuflFolk  County  he  came  to  Biddeford,  where  Mr.  Mellen 
had  built  up  a  large  and,  for  that  period,  profitable  practice, 
the  result  of  fourteen  years'  earnest  and  diligent  labor.  It 
could  hardly  be  expected  that  a  young  lawyer,  only  twenty 
years  of  age,  and  just  entering  upon  his  practice,  however 
fine  his  abilities,  could  fill  at  once  the  wide  circle  made  by 
his  eminent  predecessor,  especially  as  the  flourishing  village 
on  the  opposite  side  of  the  river  furnished  older  and  more 
experienced  competitors  in  Cyrus  King,  Jeremiah  Brad- 
bury, and  the  eccentric  Joseph  Bartlett,  who  were  in  prac- 
tice there  at  that  time.    Still,  Mr.  Hubbard  did  a  successful 


business,  and  remained  in  Biddeford  till  1810,  when  he 
returned  to  Boston  and  formed  a  partnership  with  his 
former  teacher.  Judge  Jackson.  The  appointment  of  Mr. 
Jackson  to  the  bench,  in  1813,  left  him  a  large  and  lucrative 
practice.  He  was  elevated  to  the  bench  of  the  Supreme 
Court  to  fill  the  place  made  vacant  by  the  death  of  Judge 
Putnam,  in  1842.  which  position  he  filled  with  great  ac- 
ceptance rill  his  death,  Dec.  24,  1847. 

WILLIAM    ALLEN    HATES. 

William  Allen  Hayes,  of  South  Berwick,  was  a  worthy 
member  of  the  bar,  and  long  filled  places  of  honor  and  trust 
in  York  County.  He  was  the  youngest  of  three  sons  of 
David  Hayes,  of  North  Yarmouth,  in  which  town  he  was 
born  on  the  20th  of  October,  1783.  He  was  prepared  for 
college  under  the  tuition  of  Rev.  Tristram  Gilman,  and  grad- 
uated at  Dartmouth  in  1805.  He  studied  law  first  with 
Ezekiel  Whitman,  at  New  Gloucester,  then  for  a  short  time 
with  Dudley  Hubbard,  at  South  Berwick,  and  finished  his 
course  with  Artemas  Ward,  of  Charlestown,  a  celebrated 
lawyer  of  the  Middlesex  bar,  aflerwards  chief  justice  of  the 
Boston  Court  of  Common  Pleas,  who  was  a  sound  lawyer, 
with  a  very  large  practice.  3Ir.  Hayes  was  admitted  to  the 
Middlesex  bar  in  1809,  and  immediately  opened  an  ofiice 
at  South  Berwick,  which  place  for  the  remainder  of  his  life 
became  the  field  of  his  labor,  his  usefulness,  and  his  fame. 

The  other  lawyers  at  this  time  in  that  thriving  village 
were  Jlcssrs.  Hubbard,  Greene,  and  Lambert,  the  two  for- 
mer of  whom  were  giving  much  of  their  time  to  politics, 
and  the  latter  not  pushing  business  with  much  energy.  A 
good  opening  therefore  existed  for  a  young  lawyer  like  Mr. 
Hayes,  and  he  occupied  it  and  improved  it  with  great  as- 
siduity, soon  acquiring  a  large  business,  which,  by  judicious 
management,  accumulated  to  a  handsome  competence,  won 
him  the  confidence  and  esteem  of  the  public,  and  made  him 
a  leading  man  in  that  section  of  the  country.  He  suc- 
ceeded, not  only  to  the  business  of  Dudley  Hubbard,  who 
died  in  1810,  but  to  his  elegant  mansion  and  farm,  and  made 
it  one  of  the  most  beautiful  and  highly-cultivated  spots  in 
the  country.  Forty  years  of  his  busy  life  were  spent  in  his 
practice  and  other  public  and  private  duties.  For  more 
than  twenty-five  years  he  was  president  of  the  South  Ber- 
wick Bank ;  about  the  same  period  president  of  the  Bar  of 
Y'^ork  County ;  he  was  many  years  president  of  the  Board 
of  Trustees  of  Berwick  Academy,  and  for  twenty  years 
(1828-47)  judge  of  probate  for  York  County.  In  all 
these  multiplied  relations  he  maintained  the  character  of  a 
faithful,  upright,  wise,  and  good  man. 

When  his  cares  and  labors  had  greatly  increased,  he 
found  a  partner,  an  able  coadjutor,  in  a  young  man  of  fine 
talents  and  business  capacity  whom  he  took  into  his  ofiSce, 
— Charles  N.  Cogswell,  of  whom  we  give  a  brief  sketch 
below. 

CHARLES    N.    COGSWELL. 

Charles  Northend  Cogswell  was  the  son  of  Northend  and 
Elizabeth  Cogswell,  and  was  born  in  Berwick,  April  24, 
1797.  In  1814,  at  the  age  of  seventeen,  he  graduated  at 
Bowdoin  College.  He  studied  law  with  Mr.  Hayes,  with 
whom  he  entered  into  partnership  on  being  admitted  to  the 
bar  in   1817.     It  proved  a  most   successful    partnership, 


BENCH  AND  BAR  OF  YORK  COUNTY. 


both  being  men  of  high  intellectual  endowments  and  large 
business  capacity.  It  is  said  that  for  many  years  more 
business  was  done  in  their  office  than  in  any  other  in  the 
country. 

Mr.  Cogswell  possessed  the  confidence  of  the  community 
in  a  large  degree,  not  merely  in  his  professional  services, 
but  in  his  business  relations  and  public  duties.  He  was 
often  elected  to  represent  his  town  and  county  in  the  Legis- 
lature and  Senate  of  the  State,  and  was  a  member  of  the 
latter  body  in  1833-34.  After  an  honorable  and  useful 
life  he  died  suddenly  on  the  11th  of  October,  18i3,  in  the 
forty-seventh  year  of  his  age.  Judge  Goodenow,  in  reply 
to  the  application  to  place  upon  the  records  of  the  court 
the  resolves  of  sympathy  adopted  by  the  bar,  observed, 
"  In  a  professional  career  of  twenty-five  years,  few,  very 
few,  have  accomplished  it  so  well.  His  talents  for  business 
were  indeed  extraordinary,  and  be  was  most  diligent  in  the 
employment  of  them.  His  memory  was  retentive,  and  he 
was  exceedingly  accurate  in  all  his  transactions  in  his  office 
and  in  the  courts.  His  whole  demeanor  was  amiable  and 
exemplary." 

Mr.  Cogswell  was  twice  married.  His  first  wife  was 
Elizabeth  Hill,  of  Portsmouth  ;  his  second,  Margaret  E. 
Russell,  daughter  of  Edward  Russell,  of  Portland,  by 
whom  he  left  one  son. 

Judge  Hayes  survived  his  junior  partner  eight  years, 
and  died  April  15,  18.51,  aged  sixty-,seven. 

WILLIAM    PITT    PREBLE. 

Judge  William  Pitt  Preble  commenced  practice  in  York, 
the  home  of  his  ancestors,  who  had  been  distinguished  in 
the  early  history  of  Maine.  Abraham  Preble,  the  first  an- 
cestor in  America,  came  from  England,  and  was  one  of  the 
fir.st  settlers  of  Scituate,  Mass.,  prior  to  1637.  In  1642 
he  purchased  a  tract  of  land  at  Agamenticus,  now  York, 
where  he  settled  and  continued  to  reside  till  his  death, 
which  occurred  in  1663.  He  sustained  some  of  the  most 
conisiderable  and  responsible  offices  in  the  province,  having 
been  councilor  for  Sir  Ferdinando  Gorges,  in  1645,  and  so 
long  as  the  government  of  the  Lord  Proprietor  was  main- 
tained ;  member  of  the  General  Provincial  Court ;  com- 
missioner, treasurer,  and  chief  military  officer  of  the  prov- 
ince. His  son,  Benjamin,  filled  many  important  offices, 
and  his  great-grandson,  Brig.-Gen.  Preble,  was  a  renowned 
citizen,  and  father  of  Commodore  Edward  Preble. 

Judge  Preble,  the  subject  of  this  notice,  was  the  son  of 
Isaias  Preble,  and  was  born  in  that  part  of  York  called 
Scotland  Parish,  Nov.  27,  1783.  He  graduated  at  Har- 
vard in  1806,  pursued  the  study  of  law,  partly  in  the 
office  of  Benjamin  Hasey,  of  Top.sham,  and  partly  in  that 
of  Mr.  Orr,  in  Brunswick.  Commenced  practice  in  York, 
whence  in  a  .short  time  he  removed  to  Alfred,  and  in  1811 
was  appointed  county  attorney  for  York  County.  In  1813 
he  removed  to  Saco.  In  1814  he  received  from  President 
Madison  the  appointment  of  United  States  attorney  for  the 
district,  as  the  successor  of  Silas  Lee,  who  died  that  year. 
In  consequence  of  this  appointment  he  removed  to  Port- 
land in  1818,  which  continued  ever  after  to  be  the  place 
of  his  residence.  His  great  abilities  as  a  lawyer  soon  placed 
him  in  the  foremost  rank  of  the  bar  of  the  State,  an  equal 


competitor  with  those  honored  in  the  several  counties, — 
Dane,  Mellen,  Whitman,  Holmes,  Longfellow,  Wilde, 
Allen,  Greenleaf,  Fes.senden,  Crosby,  3IcGaw,  and  many 
others.  He  resembled  Mr.  Orr  in  the  clearness  and  force 
of  his  style  in  presenting  a  cause  to  a  jury,  being  plain, 
.solid,  and  matter-of-fact  in  his  arguments. 

On  the  organization  of  the  State,  in  1820,  he  was  se- 
lected as  one  of  the  three  judges  of  the  Supreme  Judicial 
Court, — a  position  which  he  honored,  by  his  weight  of 
character  and  able  opinions,  during  the  eight  years  which 
he  occupied  the  bench.  He  retired  from  the  honorable 
position  in  1828,  to  accept  of  the  appointment  to  the  di- 
plomatic service  of  minister  plenipotentiary  to  the  Hague, 
tendered  by  President  Jackson.  He  received  the  appoint- 
ment to  this  critical  and  delicate  service  in  view  of  the 
boundary-line  question  which  had  been  .submitted  to  the 
arbitration  of  the  King  of  Holland.  The  award  having 
been  unfavorable.  Judge  Preble  entered  against  it  a  severe 
and  able  protest.  He  returned  to  Maine  in  1831,  and  was 
appointed  the  State  agent  to  proceed  to  Washington  for 
the  purpose  of  enforcing  the  rights  of  Maine,  and  induced 
the  general  government  not  to  accept  the  award.  In  1832 
he  was  one  of  the  commissioners  appointed  to  negotiate 
with  the  United  States,  and  .secured  a  settlement  of  the 
controversy  alike  honorable  to  his  judgment  and  ability  as 
a  diplomatist,  and  to  the  interests  of  the  State  of  Maine. 

We  have  not  space  to  give  in  detail  the  life  of  one  so  emi- 
nent in  public  services.  His  agency  as  a  prime  mover 
and  negotiator,  both  in  Canada  and  in  England,  in  the 
measures  whereby  the  connection  between  Portland  and  the 
Great  West  was  secured  by  the  Atlantic  and  St.  Lawrence 
(now  the  Grand  Trunk)  Railway  are  well  known,  and  be- 
long to  another  portion  of  the  history  of  the  country.  Judge 
Preble  died  Oct.  11,  1857,  at  the  age  of  seventy-three.  He 
was  twice  married,  his  first  wife  being  Nancy  Gale  Tucker, 
second  daughter  of  Joseph  Tucker,  of  York,  at  one  time 
the  collector  of  that  port,  whom  he  married  in  September, 
1810.  His  son  by  this  marriage,  William  Pitt  Preble,  his 
namesake,  has  been  for  many  years  clerk  of  the  District 
Court  of  the  United  States,  residing  at  Portland.  Judge 
Preble's  second  wife  was  Sarah  A.  Forsaith,  of  Portland,  by 
whom  he  had  one  son.  There  were  two  daughters  by  the 
first  marriage. 

ETHER    SHEPLEY. 

Ether  Shepley,  late  chief  justice  of  Maine,  was  the  second 
son  of  John  Shepley,  and  Mary,  widow  of  Captain  Thur- 
low,  of  the  Revolutionary  army,  a  daughter  of  Deacon  Gib- 
son, of  Stowe.  He  was  born  in  Groton,  Mass.,  where  the 
family  was  early  settled,  on  the  2d  of  November,  1789,  and 
received  his  elementary  education  at  the  Groton  Academy. 
In  1811  he  took  his  degree  at  Dartmouth  College,  in  cla-ss 
with  Prof  Nathaniel  H.  Carter,  Bezaleel  Cushman,  and  Na- 
thaniel Wright,  who  were  instructors  in  Portland  after 
leaving  college ;  Dr.  William  Cogswell,  Daniel  Poor,  the 
celebrated  missionary  ;  Professor  Parker,  of  the  Harvard 
Law  School  ;  Amos  Kendall,  postmaster-general  under 
President  Jackson,  and  other  distinguished  men. 

On  leaving  college  ^Ir.  Shepley  entered  the  law-office  of 
Dudley  Hubbard,  in  South  Berwick,  where  he  remained 
two  years,  putting  into  an  orderly  and  prosperous  shape  the 


HISTORY  OF  YORK   COUNTY,  MAINE. 


large  collection  business  of  Mr.  Hubbard,  which  had  been 
suffering  from  the  want  of  systematic  attention.  He  con- 
tinued his  studies  with  Zabdiel  B.  Adams,  of  Worcester 
County,  and  with  Solomon  Strong,  of  Hampshire,  and  was 
admitted  to  the  bar  in  1814,  in  July  of  which  he  commenced 
practice  in  Saco.  Mr.  Willis  says  of  him,  "  With  the  ex- 
perience he  had  gathered,  and  the  habits  of  business  he  had 
acquired,  he  was  more  than  usually  advanced  over  young 
practitioners  in  the  knowledge  of  his  profession,  and  in  the 
use  of  its  machinery,  and  early  entered  upon  a  successful 
and  lucrative  practice,  which  his  industry,  close  application, 
and  practical  ability  made  secure,  and  gave  to  him  a  prom- 
inent place  in  the  community  in  which  he  resided. 

In  1819  he  zealously  entered  into  the  measures  for  the 
separation  of  Maine  from  Massachusetts,  being  that  year  a 
representative  from  Saco  in  the  General  Court.  He  was 
also  that  year  chosen  a  delegate  to  the  constitutional  con- 
vention, in  which  body  he  took  an  active  part.  In  Feb- 
ruary, 1821,  he  was  appointed  United  States  district 
attorney  in  the  place  of  William  Pitt  Preble,  who  was 
elevated  to  the  bench  of  the  Supreme  Court.  This  oflSce 
he  held  until  his  election  as  one  of  the  United  States  sen- 
ators from  Maine,  in  1833,  the  duties  of  which,  in  connec- 
tion with  his  very  extensive  practice,  he  discharged  with 
great  promptness  and  fidelity,  of  which  no  better  evidence 
can  be  adduced  than  the  length  of  time  he  was  permitted 
to  retain  it, — through  the  four  closing  years  of  Mr.  Mon- 
roe's administration,  the  whole  of  Mr.  Adams',  and  four 
years  into  Gen.  Jackson's,  and  left  it  at  last  only  for  a 
more  exalted  station.  He  was  elected  to  the  Senate  of  the 
United  States  in  1833,  as  the  successor  of  Hon.  John 
Holmes,  and  in  that  body,  by  vote  and  voice,  sustained  the 
administration  of  General  Jackson.  In  January,  1834,  he 
made  two  earnest  and  able  speeches  on  the  exciting  question 
respecting  removing  the  deposits  from  the  United  States 
Bank.  He  remained  a  member  of  the  Senate  till  Septem- 
ber, 1836,  when  he  was  appointed  to  the  bench  of  the  Su- 
preme Court,  to  fill  a  vacancy  caused  by  the  resignation  of 
Judge  Parris,  who  had  been  appointed  by  Mr.  Van  Buren 
second  comptroller  of  the  United  States  Treasury.  '■  As  a 
judge,  both  at  nisi  prius  and  in  the  law  department,  his 
ability,  his  industry,  and  his  integrity  fully  justified  the 
partiality  and  good  judgment  of  Governor  Dunlap's  admin- 
istration, by  which  the  appointment  was  made." 

In  1848  he  was  appointed  chief  justice,  as  tjie  successor 
of  Judge  Whitman,  with  the  general  concurrence  of  the 
bar  and  pubUc  sentiment.  He  continued  in  this  high  office 
till  the  autumn  of  1855,  when  his  constitutional  term  of 
seven  years  having  expired,  he  retired  from  the  bench  with 
an  exalted  and  unsullied  reputation.  "  No  judge  ever  more 
faithfully  or  more  promptly  discharged  the  duties  of  the 
bench  than  Judge  Shepley  ;  and  the  ability  which  charac- 
terized his  judicial  career  is  amply  illustrated  in  the  twenty- 
seven  volumes  of  the  "  Maine  Reports,"  from  the  fourteenth 
to  the  fortieth,  inclusive.  His  opinions  are  drawn  with 
clearness,  directness,  and  force,  and  no  one  can  mistake  the 
point  which  he  endeavors  to  establish." 

The  last  public  office  he  was  called  to  perform  was  that 
of  sole  commissioner  for  the  revision  of  the  public  laws,  to 
which  he  was  appointed  by  resolve  of  April  1,  1856.     In 


accordance  with  this  he  prepared  the  "  Revised  Statutes  of 
Maine,"  published  in  1857.  As  a  proper  recognition  of 
legal  learning  and  judicial  experience,  Dartmouth  College 
conferred  upon  him  the  honorary  title  of  LL.D. 

Judge  Shepley  married,  in  1816,  Anna  Foster,  by  whom 
he  had  five  sons.  One  of  his  sons,  John  R.  Shepley, 
graduated  at  Bowdoin  College  in  1837,  and  became  a  prom- 
inent lawyer  in  St.  Louis.  Another,  the  late  George  Fos- 
ter Shepley,  judge  of  the  United  States  Circuit  Court,  born 
at  Saco,  Jan.  1,  1819,  graduated  at  Dartmouth  at  the  age 
of  eighteen,  1837  ;  colonel  of  the  12th  Maine  Volunteers; 
promoted  to  brigadier-general ;  commandant  of  New  Or- 
leans ;  military  Governor  of  Louisiana  ;  chief  of  staff  of 
Maj.-Gen.  Weitzel ;  and  military  Governor  of  Richmond 
at  the  close  of  the  war.  He  resigned  his  commission  July 
1,  1865,  and  on  his  return  to  Portland  resumed  the  prac- 
tice of  his  profession.  Dec.  22,  1869,  he  received  the  ap- 
pointment of  United  States  Circuit  Judge  for  the  First 
Circuit,  which  office  he  held  at  the  time  of  his  death,  July 
20,  1878.  A  short  time  previously,  Dartmouth  College 
had  conferred  upon  him  the  honorary  degree  of  LL.D.,  a 
suitable  recognition  of  his  eminence  as  a  legal  scholar  and 
judge. 

PHILIP    EASTMAN. 

Philip  Eastman  (Asa",  Jonathan*,  Philip',  Capt.  Eben- 
ezer',  Philip'^,  Roger')  is  a  lineal  descendant  in  the  seventh 
generation  from  Roger  Eastman,  who  was  born  in  Wales, 

Great  Britain,  in   1611.     Married  Sarah  ;  emigrated 

to  America  in  1640,  and  settled  in  Salisbury,  Mass.  He 
died  Dec.  16,  1694.  His  wife  died  March  11,  1697. 
They  had  ten  children.  John,  eldest  son,  represented 
Salisbury  in  the  General  Court  of  Massachusetts  in  1691. 
Philip,  third  son,  and  in  direct  line  of  descent,  born  Oct. 
20,  1644,  married,  Aug.  22,  1698,  Mary  Morse,  and  settled 
in  Haverhill,  Mass.  His  house  was  burned  by  the  Indians 
March  15,  1698,  some  of  his  family  taken,  and  others  dis- 
persed.    He  afterwards  removed  to  Woodstock,  Conn. 

"In  answ'  to  the  (ledtion  of  Philip  Eastman  humbly  desiring  this 
Court's  favour,  considyring  his  late  captivity  w**"  the  Indiaus  &  losse, 
that  he  luay  be  freed  from  the  payment  of  suuh  rates  as  have  binn,  or 
may  be  levyed  this  yeare  for  the  use  of  the  Country,  the  Court  grants 
him  his  request." — Colmty  llecurds  of  Ma8s.,\o\.  v.  page  114.  .Sept. 
IB,  1076. 

Capt.  Ebenezer  Eastman,  born  Jan.  10,  1689,  married 
Sarah  Peaslee,  March  4,  1710,  and  settled  in  Haverhill, 
where  all  his  children  were  born.  He  was  early  a  pioneer 
among  the  Indians ;  afterwards  a  captain  in  the  French 
war ;  went  to  the  capture  of  Louisbourg,  under  Sir  William 
Pepperell ;  had  a  garrison  on  the  east  side  of  the  Merrimac, 
now  East  Concord ;  was  one  of  the  grantees  of  Penacook, 
now  Concord,  and  was  one  of  the  earliest,  most  active,  and 
influential  settlers.  He  died  July  28,  1748.  Philip,  son 
of  Capt.  Ebenezer,  born  Nov.  13,  1713,  at  Haverhill, 
Mass.,  married  Abiah  Bradley,  Slarch  29,  1739.  She  was 
sister  of  Jonathan  and  Samuel  Bradley,  who  were  killed  by 
the  Indians  at  Penacook.  She  often  donned  a  man's  hat, 
shouldered  a  musket,  and  took  her  stand  iu  the  sentinel's 
box  through  the  night  to  relieve  her  husband.  He  died 
Sept.  1,  1804.  Jonathan,  son  of  Philip,  born  June  10, 
1746,  was  a  volunteer  in  Capt.  Joshua  Abbott's  company 


O^f-^^-^^/a  S~^ 


^L.^  ^ 


BENCH  AND  BAR  OP  YORK  COUNTY. 


that  marched  to  reinforce  the  Northern  Army  in  September, 
1777.  He  married  Molly  Chandler,  Jan.  5.  1769,  and 
died  Oct.  19,  1S34.  His  second  wife,  Esther,  died  the 
same  year,  aged  eighty-one.  Asa  Eastman,  son  of  Jonathan, 
born  Dec.  5,  1770,  married  Dec.  31,  1795,  Molly,  daughter 
of  Lieut.  Phineas  Kimball,  of  Concord.  She  was  born 
May  15,  1775.  About  1792  he  and  Samuel  Ayer  Brad- 
ley built  a  cabin  and  commenced  clearing  on  the  margin  of 
Cold  River,  in  the  wilderness,  four  miles  from  the  extreme 
fniiitier  .settlement,  on  a  tract  of  land  purchased  by  their 
fathers  from  tlie  commonwealth  of  Massachusetts,  known 
as  the  "  Bradley  &  Eastman  Grant,"  now  a  part  of  the  town 
of  Stow,  in  the  State  of  Maine.  Bradley,  after  two  seasons, 
determined  upon  a  professional  life;  graduated  at  Dart- 
mouth College  in  1799  ;  studied  law,  and  settled  at  Frye- 
burg,  where  he  died.  Eastman  continued  to  clear  his  land, 
and  taught  school  winters  until  his  marriage.  He  first 
moved  into  a  log  house  on  the  Chatham,  N.  H.,  side,  which 
he  built  the  previous  summer,  and  there  lived  until  1801, 
when  he  built  the  first  framed  house  (two  story)  in  the  sel> 
tlement  (still  standing),  where  he  lived  until  his  death,  Aug. 
16,  1818.  He  was  well  educated,  hospitable,  a  liberal  and 
useful  citizen,  a  judicious  magistrate,  and  a  legislator  highly 
esteemed  for  his  public  and  private  worth.  His  wife  died 
in  Chatham,  Dec.  4,  1859.  Philip  Eastman,  son  of  Asa, 
born  in  Chatham,  N.  H.,  Feb.  5,  1799,  graduated  at  Bow- 
doin  College,  in  1820,  in  the  class  with  the  late  Judge 
Hathaway  and  Hon.  Samuel  Bradley.  He  read  law  with 
Stephen  Chase,  of  Fryeburg ;  Hon.  Nicholas  Baylies,  of 
Montpelier,  Vt.  ;  and  with  Judah  Dana,  of  Fryeburg ;  was 
admitted  to  the  bar  in  September,  1823,  and  commenced 
practice  at  North  Yarmouth,  Me. 

He  married,  July  23,  1827,  Mary,  daughter  of  Stephen 
Ambrose,  of  Concord,  N.  H.  She  was  born  May  12,  1801. 
In  1836  he  removed  to  Harrison,  and  in  June,  1817,  re- 
moved to  Saco,  and  formed  a  law  partnership  with  Mr. 
Bradley,  his  old  classmate,  where  he  remained  in  the  jirac- 
tice  of  his  profession  until  his  death,  Aug.  7,  1869.  He 
was  active,  interested,  and  influential  in  town,  county,  and 
State  affairs,  and  called  by  the  citizens  where  he  resided  to 
occupy  stations  of  responsibility  and  honor. 

He  was  chairman  of  the  county  commissioners  for  Cum- 
berland County  from  1831  to  1837,  and  Democratic  mem- 
ber of  the  State  Senate  in  1840  and  1842.  In  1840  he 
was  chairman  of  the  committee  on  the  revision  of  the  stat- 
utes, and  superintended  their  publication  in  the  winter  of 
1841. 

In  1842  he  was  appointed  chairman  of  the  commissioners 
on  the  part  of  Maine  to  locate  grants  to  settlers  in  the  ter- 
ritory which  had  been  claimed  by  Great  Britain  in  the 
northerly  part  of  the  State,  under  tlie  provisions  of  the 
Treaty  of  Washington,  and  was  engaged  in  that  business 
mostly  in  the  Madawaska  settlement  during  that  and  the 
following  season. 

In  1849  he  published  a  dige.st  of  the  first  twenty-sis 
volumes  of  the  Maine  Reports.  He  was  a  member  of  the 
Maine  Historical  Society,  and  was  for  several  years  a  trustee 
of  Bowdoin  College. 

For  six  years  prior  to  his  decease  he  was  president  of 
the  old  Manufacturers'  (now  Saco  Nationalj  Bank,  and  was 
13 


identified  with  all  the  social,  religious,  and  business  interests 
of  the  city  of  his  residence. 

The  following  quotations  are  from  addresses  of  members 

(if  the  Yui-k  bar ; 


'"  Philip  Eastman  was  conservMtive  in  his  character,— seldom,  if 
ever,  changed  an  opinion  he  had  once  formed,  and  in  religion  and 
politics  always,  to  the  time  of  his  death,  adhered  to  the  associations 
of  his  youth,  lie  re.ad  the  Bible  through  many  times  in  the  course 
of  his  life,  and  manifested  equal  reverence  for  the  Old  and  New  Testa- 
ments. Ho,  I  believe,  looked  to  the  past  as  furnishing  safe  landmarks 
for  the  future.  Hence  we  always  knew  where  to  find  him.  This  and 
his  fixed  moral  principles  rendered  him  always  reliable.  The  breath 
of  slander  never  reached  him.  In  bis  undertakings  I  have  reason  to 
believe  he  always  sought  aid  and  guidance  from  above,  and  scrupulously 
acted  according  to  the  light  given  him.  Hence  the  smooth  and  even 
tenor  of  his  life — never  ruffled — never  disturbed — always  (he  same 
Philip  Eastman — mild  and  benignant,  but  firm  as  the  oak  in  his  con- 
victions of  duty.  lie  now  rests  from  his  labors,  and  his  '  works  do 
follow  him.'" 


IRKS   OP   JODGE    E. 


*' As  a  lawyer,  he  maintained  an  honorable  status,  acquired  by 
many  years  of  diligent  study.  Few  members  of  the  bar  give  them- 
selves so  freely  as  he  did  to  the  acquisition  of  professional  knowledge. 
He  was  always  the  diligent  student,  and,  in  consequence,  became  well 
versed  in  jurisprudence.  Above  all  deception  in  his  practice,  and 
straightforward  in  the  duties  of  his  profession,  he  drew  to  himself  a 
class  of  clients  from  the  best  ranks  of  society.  The  public  always 
had  confidence  in  him  as  a  lawyer  and  as  a  man.  Honorable  and 
courteous  in  his  .action  in  court,  and  frowning  upon  all  chicanery  and 
every  species  of  low  artifice,  he  .acquired  also  the  respect  of  the 
members  of  tlie  bar.  He  duly  appreciated  the  dignity  of  the  pro- 
fession, regarding  the  ministry  of  the  law  as  one  of  the  highest 
employments  of  life.  His  generous  and  liberal  spirit  would  not  permit 
him  to  say  anything  which  would  wound  the  feelings  of  another.  He 
was  a  man  of  peace." 

Mr.  Eastman  left  two  sons  and  two  daughters  living, — 
Ellen  Jane;  ,\nibrose,  a  graduate  of  Bowdoin  College,  a 
practicing  lawyer  in  Boston  ;  Edward,  a  graduate  of  Bow- 
doin in  the  class  of  1857,  studied  law  with  his  father,  ad- 
mitted to  the  bar  in  1860,  and  has  since  remained  in  the 
continuous  practice  of  the  law  at  Saco  ;  and  Mary  Searle 
Eastman. 

HON.    DANIEL    GOODENOW. 

Daniel  Goodenow  was  born  in  Henniker,  N.  H.,  Oct. 
30,  1793.  His  parents  removed  to  Brownfield,  Me.,  in 
1802.  In  1813  he  entered  the  law-oflSce  of  Hon.  John 
Holmes,  at  Alfred,  and  was  admitted  to  the  York  County 
bar  in  1817.  While  prosecuting  his  legal  studies  in  the 
oflice  of  Mr.  Holmes  he  at  the  same  time  carried  on  those 
of  the  sciences  and  classics  so  rapidly  and  successfully  that 
in  1817  he  was  admitted  to  the  senior  class  of  Dartmouth 
University,  and  graduated  there  the  same  year. 

Having  chosen  Alfred  as  his  home,  he  rapidly  gained  an 
extensive  practice,  and  soon  became  a  leader  at  the  bar. 
In  1825,  '27,  and  '30  he  represented  Alfred  in  the  House 
of  Representatives,  and  the  latter  year  was  Speaker.  In 
1831,  '32,  and  '33  he  was  the  candidate  of  the  Whig 
party  for  Governor;  and  in  1838  and  1841  he  was  attor- 
ney-general of  the  State.  From  1841  to  1848  he  was 
judge  of  the  District  Court  for  the  Western  District,  and 
from  1855  to  1862  an  associate  judge  of  the  Supreme 
Judicial  Court  of  Maine.  In  1860,  the  honorary  degree 
of  LL.D.  was   conferred  on  him  by   Bowdoin   College,  of 


HISTOKY  OF   YORK   COUNTY,  MAINE. 


which  he  was  for  twenty-five  years  a  faithful  and  devoted 
trustee.     He  died  at  Alfred,  Oct.  7,  1863. 

At  the  next  term  of  the  Supreme  Court,  held  at  Saco, 
in  January,  1864,  Judge  Kent,  one  of  his  associates  on  the 
bench,  made  the  following  remarks  : 

''Judge  Goodenow  has  always  been  a  marked  and  prominent  man, 
and  he  has  ever  exerted  a  decided  intiuence  on  society.  This  was  the 
result  of  talents  cultivated  and  wisely  employed,  of  character  unsul- 
lied,  and  integrity  unquestioned,  of  that  combination  of  intellectual 
and  moral  qualities  which  in  their  development  give  the  world  '  as- 
surance of  a  man'  true.to  himself  and  true  to  his  fellow-man. 

•*  There  was  something  in  his  character  and  in  his  success  worthy  of 
examination  and  imitation.  His  early  life  was  one  of  struggle  with 
adverse  circumstances  ;  but  this  has  been  the  fortune  of  many.  He 
met  and  overcame  obstacles, — and  so  have  most  of  the  leading  men  of 
our  country.  But  it  always  seemed  to  me  that  our  deceased  friend 
early  formed  a  plan  of  life  and  adhered  to  it:  that  in  his  years  of 
early  manhood,  without  wasting  his  da3's  in  repining,  hQji.vcd  his  111711 
high,  and  an  earnest  ambition  to  be  a  man  among  men — and  they 
among  the  highest — stimulated  him  to  excel.  But  he  laid  the  foun- 
dation on  which  he  hoped  to  rise  not  on  low  cunning,  or  mean  in- 
trigues, or  sycophantic  flattery,  but  on  the  solid  basis  of  integrity,  sin- 
cerity, and  industry ;  hoping  and  straining  always  for  honor  and  suc- 
cess, but  compassing  *  noble  ends  by  noble  means,'  and  spurning 
everything  which  would  justly  lower  him  in  the  esiimation  of  good 
men,  and  would  wound  and  tarnish  his  conscientious  sense  of  right 
and  duty.  Tracing  the  life  thus  commenced,  we  find,  in  its  develop- 
ment and  it«  history,  the  formation  of  a  character  less  marked  by 
startling  brilliancy  than  by  solid  worth  and  firm  principle,  and  the 
useful  and  honorable  performance  of  the  duties  of  daily  life.  In  man- 
ners courteous  and  dignified,  he  was  firm  in  his  convictions,  and  de- 
cided in  avowing  and  maintaining  them. 

"  Judge  Goodenow  had  great  seff-respect,  which,  no  doubt,  in  his  ear- 
lier years,  and  through  his  whole  life,  stood  sentinel  against  low  tempta- 
tions, and  degrading  or  corrupting  associations  of  habits.  It  never  took 
the  form  of  arrogance  or  of  undue  assumption,  or  of  ascetic  life,  or  of 
aristocratic  contempt  for  those  around  him.  But  it  was  the  result  of  a 
proper  appreciation  of  his  own  character  and  position,  of  the  true 
dignity  of  human  nature,  .and  of  watchful  care  that,  whatever  else  be- 
fell, his  own  self-respect  should  not  be  lost  or  clouded  by  misfortune, 
OT  by  the  malevolence  or  misconstruction  of  others.  It  produced  in  him 
a  high  sense  of  personal  honor,  which,  whilst  it  rendered  him  courte- 
ous and  gentlemanly  and  genial  in  social  life,  could  repress  inten- 
tional insults,  .and  cheek  unseemly  license,  with  dignity  and  effect. 

"He  was  &  frank  and  a  slmere  man.  He  meant  what  he  said,  and 
he  said  what  he  meant.  He  was  true,  not  merely  in  his  words,  but 
in  his  instincts  and  in  his  life.  He  professed  nothing  that  he  did  not 
feel,  and  promised  nothing  that  he  did  not  intend  to  perform.  His 
convictions  were  clear  and  strong,  and  held  unwaveringly  and  with 
few  misgivings,  and  he  was  ever  true  to  them  in  word  and  in  deed.  But 
he  was  not  dogmatic  or  offensive  in  uttering  and  maintaining  them. 
What  he  claimed  for  himself  he  yielded  to  others.  His  popularity  was 
never  the  result  of  that  weakness  or  selfishness  which  fears  to  form  a 
distinct  opinion,  or  to  express  it  when  duty  calls,  but  of  the  conviction, 
which  even  those  who  differed  from  him  felt,  that  he  was  sincere  and 
honest  and  truthful,  and  that  whilst  ever  true  to  his  friends,  he  was 
never  false  even  to  an  opponent,  or  to  an  enemy,  if  he  had  one. 

"  The  professional  life  of  our  brother  was  honorable  and  successful. 
He  seemed  to  have  early  formed  a  right  appreciation  of  its  true  char- 
acter and  highest  dignity.  It  was  never  with  him  a  mere  trade,  by 
which  money  was  to  be  gained  and  a  living  secured.  It  was  not  to 
him  an  instrument  to  be  used  for  chicanery  and  oppression,  or  to  ex- 
tort unjustly,  by  by-paths  and  indirection,  the  hard  earnings  of  the 
unlearned  and  confiding.  It  was  never  with  him  a  cover  to  conceal, 
under  forms  of  law,  the  grasping  spirit  of  avarice,  and  he  never 
stirred  up  strife  among  his  neighbors  that  fees  might  flow  into  his 
coffers.  To  the  just  and  reasonable  and  honorable  pecuniary  rewards 
of  his  professional  labors  he  was  not  indifferent,  but  he  claimed  them 
as  rightly  paid  for  laborious  and  valuable  service.  But  he  felt,  as  every 
true  and  high-minded  professional  man  must  feel,  that  there  are 
higher  rewards  and  higher  motives  than  those  that  are  merely  mer- 
cenary, which  should  move  .and  excite  him  to  action. 

"No  man  who  does  not  honor  his  profession  can  be  honored  by  it. 


But  the  upright  lawyer,  who  has  spent  his  days  and  nights  in  prep- 
aration, and  has  mastered  his  profession  in  its  principles  and  in  its 
details,  and  stands  up  as  the  advocate  of  his  fellow-man,  when  his  in- 
terests, his  character,  or  his  liberty  are  in  question,  always  feels  that 
he  has  assumed  a  responsibility  which  mere  money  can  never  ade- 
quately recompense.  And  when  engaged  in  the  conflicts  of  the  forum, 
earnest  and  faithful  in  presenting  the  cause  of  his  client,  and  while  true 
to  him  and  his  duty,  equally  true  to  the  court  and  to  himself,  he 
thinks  not  an  instant  of  his  pecuniary  reward,  but  he  exerts  his  best 
powers  of  eloquence  and  argument  in  the  discussion  of  great  princi- 
ples or  minute  details  with  no  other  feeling  than  that  of  duty,  and 
with  no  other  thought  than  of  the  honorable  fame  which  may  follow 
from  its  performance.  As  soon  would  the  true  soldier,  in  the  hour 
of  the  sternest  strife  on  the  battle-field,  think  of  his  pay  and  rations. 

"Judge  Goodenow  brought  to  the  bench  the  learning,  the  expe- 
rience, and  the  maturity  of  mind  and  judgment  acquired  in  his  many 
years  of  laborious  industry  at  the  bar.  He  gave  to  the  State  his  best 
powers,  and  he  faithfully  strove  to  administer  justice  without  fear  or 
favor,  and,  as  far  as  possible,  to  reconcile  the  equity  of  particular 
cases  with  the  established  principles  of  law.  The  characteristics  to 
which  I  have  alluded,  and  which  have  been  spoken  of  by  our  brother, 
were  manifested  in  a  marked  degree  in  his  judicial  career.  He  was 
there,  as  everywhere,  independent  and  firm,  impartial  and  just, — 
more  anxious  to  do  his  duty  and  satisfy  his  own  conscience  than  to 
gain  temporary  applause.  He  claimed  no  exemption  from  error, 
but  he  must  be  convinced  of  his  error  before  he  would  yield  to  the  de- 
cision of  a  majority.  When  he  left  the  bench,  at  the  expiration  of 
his  term  of  office,  we  all  felt  that  the  State  had  lost  a  faithful,  de- 
voted, and  honest  servant,  and  he  retired  with  honor,  carrying  with 
him  the  best  wishes  of  his  colleagues  and  of  the  whole  people. 

"  It  is  cheering  to  contemplate  such  a  life  in  all  its  parts  until  its 
earthly  end.  With  no  adventitious  advantages,  with  no  uncommon 
natural  powers,  but  starting  on  the  voyage  of  life  with  good  sense  and 
good  purposes,  and  amid  difSculties  and  trials  and  dangers,  and  the 
shoals  and  rocks,  keeping  his  eye  fixed  on  his  polar  star,  he  steers  his 
course,  ever  '  steady  with  an  upright  keel,'  never  relaxing  in  his  pur- 
pose, or  yielding  to  fear  or  despondency,  until  his  bark  is  safely  moored 
in  its  \3St  harbor  and  resting-place.  Well  may  we — well,  especially, 
may  all  young  men — pause  and  contemplate  and  study  such  an  ex- 
ample. 

"Al.as!  how  often  is  it  otherwise  I  Where  one  who  can  look  back 
through  a  long  vista  of  years  recalls  and  counts  up  the  multitude  of 
young  men  who  commenced  life  with  him,  with  fair  promise,  full  of 
hope  and  talent,  and  ambition  and  joyous  anticipation,  and  with 
honest  and  earnest  purpose  to  e.xcel,  and  then  numbers  the  wrecks 
caused  by  want  of  a  steady  aim  and  a  fixed  plan  of  life,  and  remem- 
bers how  many  sank  by  yielding  to  sensual  indulgence,  or  enervating 
indolence,  or  to  the  syren  song  of  pleasure,  luring  them  on  to  the 
rocks,  or  yielded  themselves  willing  victims  to  that  scourge  of  our 
land,  intemperance, or  fainted  under  difliculties,  or  gave  up  in  despair 
at  early  failures  of  extravagant  hopes,  or  by  reason  of  disappoint- 
ments which  they  had  not  manliness  and  strength  of  will  enough  to 
make  stepping-stones  for  new  effort*  and  thus  surmount  them, — when 
the  vast  mass  of  ruin  lies  before  him  in  his  memory,  he  would  fain 
turn  from  it  and  the  sorrow  which  it  creates  to  the  contemplation  of 
the  life  and  history  of  those  who,  like  our  deceased  brother,  have 
weathered  the  storms  and  sailed  over  the  seas  in  safety  and  with  suc- 
cess. In  the  one  class  the  young  man  may  find  beacons  to  warn  ;  in 
the  other,  charts  to  guide  him  in  the  voyage  of  life. 

"  Our  brother's  death  was  startlingly  sudden.  And  yet  it  was  to 
him  '  no  unthought-of  hour.'  He  had  fixed  his  thoughts  through  life, 
and  especially  as  it  drew  towards  its  close,  on  the  high  themes  of  death 
and  immortality.  He  had  the  faith,  and  he  lived  the  life,  of  a  rational 
Christian.  The  foundation  of  all  that  was  estimable  and  valuable  in 
his  character  was  his  devout  sense  of  responsibility  to  his  Maker. 
The  summons  did  not  find  him  unprepared.  His  life's  work  had  been 
done,  and  well  done.  He  had  reached  the  allotted  time  for  man  on 
earth.  He  had  borne  himself  honorably  through  life,  and  possessed 
the  love  of  his  family  and  the  esteem  of  his  neighbors.  With  no  stain 
on  his  character  as  a  citizen,  as  a  Christian,  or  as  a  man,  but  with  a 
high  and  enviable  reputation  in  all  these  relations,  he  has  gone  down 
to  the  grave,  in  the  fullness  of  his  years,  without  suffering  and  with- 
out the  wasting  pains  of  protracted  sickness. 

"  Although  nature  may  prompt  us,  ordinarily,  to  join  in  the  prayer 
of  the  Litany  for  deliverance  *  from  sudden  death,'  yet  there  are  cases 


BENCH  AND  BAR  OF  YORK  COUNTY. 


whe 


1  but  feel  that  a 


ngthe 


feno 


lings  of  the  good  man' 
the  least  may  be  the  sudden  summons  which  calls  him  away  from  suf- 
fering and  sorrow,  and  from  those  years  of  protracted  life  which  have 
no  pleasure  in   them.      '  Feux — xon  tantum   vit.f,  claiutatk,  skd 

ETIAM    OPPURTUNITATE    >fORTIS.'  " 

Judge  Goodenow  had  four  bi-otlier.s,  nil  of  whom  were 
lawyers.  Two  of  them — Hon.  Rufus  K.  Goodenow,  of  Paris, 
and  Hon.  Robert  Goodenow,  of  Farmington — were  repre- 
sentatives in  Congress  from  Maine.  Two  sisters — Mrs. 
Alpheus  Spring,  of  Fryeburg,  Me.,  and  Mrs.  Daniel  P. 
Stone,  of  Maiden,  Mass. — survive. 

He  was  twice  married, — first  to  a  daughter  of  Hon. 
John  Holmes.  Of  their  three  children,  the  eldest  is  the 
wife  of  Rev.  William  H.  Willcox,  of  Maiden,  Mass. 

The  eldest  son,  John  Holmes  Goodenow,  graduated  at 
Bowdoin  College  in  1852  ;  was  admitted  to  the  bar  in  Port> 
land  in  1855  ;  was  a  partner  of  Hon.  Nathan  D.  Appleton, 
at  Alfred  ;  was  a  member  of  the  House  of  Representatives 
in  1859;  president  of  the  Maine  Senate  in  1861-62  ;  and 
from  1865  to  1876  was  consul-general  at  Constantinople, 
and  three  times  charge  d'affairs. 

The  second  son,  Henry  Clay  Goodenow,  graduated  at 
Bowdoin  College  in  1853  ;  was  admitted  to  the  bar  in 
1856  ;  commenced  practice  at  Biddeford  ;  removed  to 
Lewiston,   where  he  was  a  partner  of    Hon.   Charles  W. 


NATHAN  D.  APPLETON. 
Hon.  Nathan  D.  Appleton  was  born  in  Ipswich,  Mass., 
in  May,  1794,  where  his  ancestors  liad  resided  since  the 
first  of  the  name,  Samuel  Appleton,  moved  there  from 
England  in  1635.  He  graduated  at  Bowdoin  in  1813,  and 
seven  years  later  settled  in  Alfred,  having  been  admitted  to 
the  bar  in  1816.  His  ripe  scholarship  and  gentlemanly 
deportment  soon  gave  him  an  extensive  practice.  In  1829, 
1847,  and  1848  he  was  a  member  of  the  State  Legislature, 
was  president  of  the  Senate  in  1830  and  in  1837,  and  in 
1838,  1850,  and  1852  was  the  nominee  of  the  Whig  party 
for  representative  to  Congress.  Prom  1857  to  1860  he 
held  the  office  of  attorney-general.  During  the  long  period 
of  over  forty  years  in  which  Mr.  Appleton  practiced  at  the 
York  County  bar  he  always  maintained  an  unblemished 
character  and  a  high  position  as  a  lawyer  and  a  man.  He 
married  Julia,  daughter  of  Abial  Hall,  of  Alfred. 

RUPUS  P.  TAPLEY. 
Rufus  p.  Tapley,  son  of  Rufus  and  Rebecca  (Josselynj 
Tapley,  was  born  in  Danvers,  Mass.,  Jan.  2,  1823.  In 
early  life  he  was  obliged  to  depend  upon  his  own  resources 
— willing  hands  and  a  resolve  to  work  his  own  way — for 
obtaining  an  education.     In  this  he  was  successful,  and  re- 


/£4^if.SY^ 


Goddard,  and  is  at  present  judge  of  the  Police  Court  in 
Bangor. 

Judge  Goodenow's  second  wife  was  a  daughter  of  Judge 
Dana,  of  Fryeburg,  and  the  widow  of  Henry  B.  Osgood, 
Esq.,  of  Fryeburg.  Their  only  child  is  the  wife  of  James 
Hopkins  Smith,  Esq.,  of  New  York. 


ceived  a  liberal  preliminary  education  in  the  schools  of  his 
native  town  and  from  private  tutors.  In  1846  he  came  to 
Saco,  and  began  the  study  of  law  in  the  office  of  Bradley 
&  Haines,  and  was  subsequently  a  student  with  Bradley  & 
Eastman.  He  was  admitted  to  the  bar  in  1848,  and  has 
remained  in  the  continuous  practice  of  the  law  in  Saco 


100 


HISTORY   OF  YORK  COUNTY,  MAINE. 


since.  In  1858  he  was  a  member  of  the  State  Legislature, 
and  the  next  year  was  elected  county  attorney,  holding 
the  office  for  six  years.  In  October,  1862,  he  was  commis- 
sioned as  colonel  of  the  27th  Maine  Regiment,  which  posi- 
tion he  held  until  February,  1863,  when  he  resigned  and 
returned  home.  He  was  in  the  Legislature  for  the  two 
following  years,  and  in  December,  1865,  was  appointed 
judge  of  the  Supreme  Court  of  the  State,  and  held  the 
office  for  seven  successive  years.  Returning  to  practice,  he 
was  (in  1871)  again  elected  to  the  Legislature.  Judge 
Tapley  is  by  universal  confession  a  gentleman  of  marked 
ability  and  talent,  and  single-handed  and  alone,  unaided  by 
such  accidents  of  life  as  wealth,  social  position,  and  family 
connections,  has  lifted  himself  by  successive  stages  from  a 
humble  estate  to  a  position  of  usefulness  and  honor.  He 
is  thoroughly  identiiied  with  the  town  and  county  of  his 
adoption,  and  has  taken  an  active  part  in  local  and  State 
legislation  while  pursuing  his  profession.  As  a  lawyer,  he 
is  noted  for  the  acuteness  and  discrimination  of  his  mind, 
for  his  untiring  industry,  for  the  readiness  with  which  he 
undertakes  suits  full  of  labor  and  difficulty,  for  thorough 
preparation  of  his  oases,  and  a  persistent  faithfulness  to  his 
clients. 

He  is  ready  and  fluent,  with  a  good  command  of  lan- 
guage, selfpossessed,  logical,  a  keen  reasoner,  a  pleasing 
speaker,  and  always  has  the  closest  attention  of  court  and 
jury. 

His  opinions,  as  published  in  Reports,  evince  the  same 
painstaking  labor  as  is  ever  noticed  at  the  bar.  He  thor- 
oughly investigates,  closely  digests  the  law  and  facts,  and 
clearly  states  his  conclusions.  Independence  of  thought 
and  character  cause  him  to  give  dissenting  opinions  when- 
ever his  researches  lead  to  them.  With  unusual  quickness 
of  perception,  he  readily  analyzes- the  case,  and  never  hesi- 
tates to  present  it  to  the  jury  as  he  sees  it.  Pleasant  and 
courteous  in  his  manners,  kind  in  his  feelings,  generous  in 
his  acts,  he  has  the  respect  of  his  community.  He  married, 
in  1853,  Louisa  K,  daughter  of  Capt.  Robert  McMannus, 
of  Brunswick,  Me.  The  children  of  this  union  are  Rufus 
P.  Jr.,  Robert  M.,  and  Philip  C. 

His  wife  died  December,  1871,  and  in  January,  1873, 
he  married  Lydia  W.,  daughter  of  John  Merriman,  of 
Brunswick,  by  whom  he  has  two  children, — Edward  K. 
and  Linda  M. 

JOHN    M.    GOODWIN. 

John  Monroe  Goodwin  was  born  in  Baldwin,  Me.,  on 
the  3d  of  September,  1822,  prepared  for  college  at  North 
Yarmouth,  under  the  instruction  of  Allen  Weld,  and  grad- 
uated at  Bowdoin  in  the  class  of  1845.  He  studied  law 
with  Judge  Sewall  Wells,  at  Portland,  up  to  the  time  of 
the  appointment  of  the  latter  to  the  bench  of  the  Supreme 
Court  (1847),  and  continued  with  Edward  Fox,  now  judge 
of  the  United  States  District  Court,  and  was  admitted  to 
the  Cumberland  bar  in  March,  1848.  He  first  opened  an 
office  at  Mechanic  Falls,  Me.,  whence  he  removed  in  one 
year  to  Portland,  where  he  remained  till  1850,  when  he 
removed  to  Biddeford,  and  has  continued  to  practice  there 
ever  since.  He  was  a  member  of  the  State  Senate  in  1856, 
a  representative  in  1863-64,  city  solicitor  of  Biddeford,  and 
Democratic  candidate  for  Congress  in  1876. 


Mr.  Goodwin  married,  in  July,  1850,  Harriet  P.  Her- 
rick,  daughter  of  Benjamin  J.  Herrick,  of  Alfred,  by  whom 
he  has  had  five  children.  His  oldest  son,  Francis  J.  Good- 
win, is  a  graduate  of  Amherst  College,  and  engaged  in 
insurance  business  in  Biddeford.  His  son,  George  B. 
Goodwin,  is  well  known  as  the  editor  of  the  Bangor  Com- 

ALEXANDEU    F.    CHISHOLM. 

Alexander  Eraser  Chisholm  was  born  in  Salem,  Mass., 
Oct.  15,  1813;  was  a  bookseller  in  Portland  from  1832  to 
1841  ;  studied  law  at  Hollis,  with  Samuel  Bradley,  1841- 
42 ;  was  a  law  partner  with  jMr.  Bradley  from  October, 
1842,  to  August,  1845  ;  removed  in  August,  1851,  to  Saco, 
where  he  practiced  law  till  his  death,  Nov.  19,  1871.  He 
was  postmaster  in  Hollis,  town  agent,  and  a  member  of  the 
school  committee, — an  office  in  which  he  also  served  in  Saco, 
— and  at  the  time  of  his  death  was  president  of  the  York 
Institute. 

THOMAS    JI.    HAYES. 

Thomas  M.  Hayes  was  born  in  Kennebunkport,  Aug. 
IS,  1819,  and  died  in  Boston,  Feb.  1, 1869.  He  graduated 
at  Bowdoin  College  in  1840,  studied  law,  and  practiced 
at  Saco  from  1843  till  about  1864.  He  was  State  senator 
in  1854,  and  Democratic  candidate  for  Congress  in  1860. 
He  removed  to  Boston,  where  he  practiced  his  profession 
from  1864  to  1869,  the  time  of  his  death. 

.JOSEPH    T.    NTE. 

Joseph  T.  Nye  was  born  in  Saco,  May  19,  1819.  He 
practiced  law,  and  was  collector  of  customs  at  Saco  from 
1849  to  1853,  and  judge  of  probate  from  1854  to  1857. 
He  died  June  14,  1859. 

SAMUEL    V.    LORING. 

Samuel  V.  Loring,  son  of  Rev.  Levi  Loring,  born  in 
Freeport,  Me.,  Dec.  6,  1808,  studied  law  with  Samuel 
Bradley  ;  practiced  first  at  Spriugvale,  then  at  Saco,  and 
removed  to  Boston  in  1870.  He  was  trial  justice  prior  to 
1867,  and  recorder  of  the  Municipal  Court.  He  now  re- 
sides in  Arizona. 

.JOSEPH    DANE. 

Joseph  Dane  was  born  in  Kenuebunk,  Feb.  21,  1823. 
He  is  the  son  of  Joseph  Dane,  a  distinguished  lawyer,  who 
settled  in  that  town  in  1800,  and  practiced  law  there  till 
his  death.  The  subject  of  this  notice  graduated  at  Bow- 
doin College  in  1 843  ;  studied  law  with  Judge  Bourne,  of 
Kennebunk,  and  Judge  Dewey,  of  Worcester,  Mass.,  and 
was  admitted  to  the  bar  in  1846.  lie  has  practiced  law 
ever  since  in  Kennebunk. 

WILLIAM    C.    ALLEN. 

William  Cutter  Allen  commenced  the  practice  of  law  in 
Alfred,  in  May,  1822  In  1828  he  was  appointed  register 
of  probate,  and  held  the  office,  with  the  exception  of  one 
year,  till  1841.  In  1839,  1844,  and  1845  he  was  a  repre- 
sentative in  the  Legislature  ;  a  senator  in  1846  ;  judge  of 
probate  from  1847  to  1854,  when  he  received  an  appoint- 
ment in  the  Post-Office  Department  at  Washington,  which 
he  held  till  his  death,  Aug.  12,  1859.  He  married  a  daugh- 
ter of  Henry  Holmes,  Esq.,  of  Alfred,  and  left  two  sons, 


SAMUEL   BRADLEY. 


The  emigrant  ancestor  of  the  Bradley  family  so 
prominently  identified  with  New  England,  Daniel 
Bradley,  according  to  Savage,  came  in  the  "Elizabeth," 
from  London  in  1635,  at  the  age  of  twenty,  and  settled 
in  Haverhill,  Mass.,  where  he  was  killed  by  the  In- 
dians, Aug.  13,  1689.  Daniel,  his  son,  with  his  wife, 
Hannah,  and  daughters,  Mary  and  Hannah,  were  also 
killed  by  the  Indians,  March  15,  1G97.  Josejih,  who 
is  known  to  have  been  the  ancestor  of  Samuel,  was 
surprised  in  his  garrison  house  at  Haverhill,  Feb.  8, 
1704,  and  his  wife  was  a 
second  time  taken  cajitive 
and  carried  away  by  this 
relentless  enemy.  Abraham, 
son  of  Joseph,  was  the  first 
of  the  name  who  settled  in 
Penacook.  He  was  one  of 
the  pioneers  who  moved  up 
from  the  lower  towns  on 
the  Merrimac  to  the  rich 
meadows  higher  up  this 
beautiful  river.  He  died 
in  1754,  leaving  ten  chil- 
dren by  his  wife,  Abigail 
Philbrick.  His  seventh  son, 
Samuel,  was  great-grand- 
fatiier  of  our  subject.  He, 
too,  was  inhumanly  mas- 
sacred by  the  Indians  in 
1746,  leaving  by  his  wife, 
Mary  Folsom,  of  the  Exeter 
family,  a  son,  John,  born 
Feb.  13, 1742,  and  a  daugh- 
ter, Mehitabel,  born  inl745. 
John  married  Hannah  Ayer, 
by  whom  he  had  nine  chil- 
dren, of  whom  Robert,  born 

June  17,  1772,  married  Abigail  Bailev,  by  wiiom  he 
had  four  children, — Samuel,  the  late  distinguished  law- 
yer of  Saco,  subject  of  this  notice;  Dr.  Israel  Bailey 
Bradley,  born  June  22,  1805;  the  late  Alexander 
Ramsey  Bradley,  of  Fryeburg,  born  Xov.  5,  1809; 
and  Mary  Ann  Bradley,  born  June  2, 1814.  Alexander 
R.  Bradley  graduated  at  Harvard  University  in  1831, 
and  died  in  1862.  Samuel  Bradley,  born  March  29, 
1802,  married  Jane  M.,  daughter  of  Col.  Isaac  Lane, 
of  Hollis.  She  died  in  Boston,  Sept.  27,  1873,  aged 
sixty-eight.  He  died  June,  1849.  Their  children  are 
Sarah  J.,  wife  of  Hon.  Edwin   R.  Wiggin,  formerly 


So/Av^wU;   fhricdl 


a  lawyer  of  Saco,  attorney  for  York  County  from  1856 
to  1859,  a  member  of  the  State  Senate  in  1863,  and  now 
a  resident  of  Boston  ;  and  Robert,  born  in  1837,  died  in 
1875. 

Mr.  Bradley  graduated  from  Bowdoin  College  in  1820; 
subsequently  read  law;  was  admitted  to  the  bar,  and  from 
1824  to  1845  practiced  law  in  Hollis.  In  the  latter  year 
he  came  to  Saco,  where  he  became  a  law  partner  with  Hon. 
Wm.  P.  Haines  (Bradley  &  Haines),  and  subsequently, 
in  1847,  on  the  retirement  of  Mr.  Haines,  associated  with 
him  his  old  classmate,  Hon. 
Philip  Eastman  (Bradley  A 
Eastman),  with  whom  he 
remained  in  practice  until 
his  decease.  ^Nlr.  Bradley 
was  a  man  of  keen,  quick 
perceptions,  and  a  ready 
speaker.  When  he  came  to 
Saco  he  was  in  the  front 
rank  of  his  profession,  and 
engaged  in  a  large  and  lu- 
crative practice,  which  was 
augmented  by  his  connec- 
tion with  Mr.  Haines,  then 
legarded  as  the  best  coun- 
selor at  the  bar.  In  their 
business  in  court  the  argu- 
ment of  causes  before  the 
jury  was  prineipallyassumed 
by  Mr.  Bradley,  who  was 
then  regarded  as  one  of 
the  ablest  advocates  in  the 
county.  With  him  his  client 
was  always  in  the  right.  It 
was  a  peculiarity  of  his  that 
he  always  made  his  client's 
cause  his  own.  He  was  an 
ardent  Whig  in  politics.  Here  the  same  positive  and 
affirmative  elements  of  character  as  appeared  in  his  law- 
practice  were  quite  as  demonstratively  shown.  He  was 
no  demagogue  in  any  sense.  In  1844  he  was  the  Whig 
candidate  for  Presidential  elector.  In  1848  he  was  a 
delegate  to  the  convention  which  nominated  Gen.  Taylor 
for  the  Presidency.  To  this  nomination  he  was  irrecon- 
ciled  until  the  day  before  the  election,  when,  feeling  that 
his  influence  must  fall  upon  one  side  or  the  other,  he 
came  out  in  a  public  speech  in  support  of  the  nomina- 
tion. As  a  friend,  no  man  was  truer  or  more  firm  and 
reliable. 


'■^ 


'/^^^L^A-^ 


Samitel  W.  IjUQUES  was  born  in  the  town  of 
Lyman,  York  Co.,  Me.,  Aug.  3,  1816. 

His  grandfather,  Antliony  Luqnes,  born  in  Retz, 
France,  educated  as  a  physician  in  Paris,  came  to 
the  United  States  in  1785.  He  married,  and  settled 
at  Beverly,  Mass.,  wliero  in  1791  iiis  son  Andrew, 
father  of  Samuel  W.,  was  born.  In  1802  the 
family  removed  to  Lyman,  where  Samuel  W.  spent 
his  boyhood,  and  in  1824  went  with  the  family 
to  Kennebnnkport.  Having  received  a  good  aca- 
demical education  in  early  life,  he  entered  tlie  law- 
oftice  of  Hon.  Edward  E.  Bonrne,  at  Kennebunk, 
and  continued  his  legal  studies  at  the  Harvard 
Law  School.  In  1841,  upon  examination,  he  was 
admitted  to  the  York  County  bar. 

Not  finding  a  location  favorable  for  business  he 
did  not  .settle  anywhere  permanently  until  1846, 
when  he  came  to  Biddeford,  where  he  has  since  re- 
sided   and    practiced    his    profession.     In    1852    he 


married  Hannah  M.,  second  daughter  of  Elisha 
Child,  of  Augusta,  Me.  His  children  are  Ed- 
ward C.  and  Herbert  L.,  students  at  Dartmouth 
College;  Frank  A.,  a  student  at  Phillips'  Academy, 
Exeter,  X.  H.  In  1856,  upon  the  organization  of 
the  City  Bank  of  Biddeford,  which  was  afterwards 
changed  to  the  First  National  Bank,  he  was  chosen 
one  of  the  directors,  which  office  he  continues  to 
hold  in  1879. 

In  1876  he  was  appointed  judge  of  the  Munici- 
pal Court  of  Biddeford,  which  office  he  retains  in 
1879. 

In  his  early  political  life  Judge  Luques  was 
a  Whig,  but  on  the  formation  of  the  Republican 
party,  being  entirely  convinced  of  the  purity,  sound- 
ness, and  wisdom  of  its  principles,  he  gladly  iden- 
tified himself  with  that  organization.  In  religion 
he  is  a  Unitarian,  believing  in  the  liberal  Chris- 
tianity of  that  denomination. 


BENCH  AND  BAR  OF  YORK  COUNTY. 


viz.,  Henry  W.,  a  graduate  of  Dartmouth  College,  and 
a  resident  of  New  York  City,  and  Weld  N.  Allen,  a  com- 
mander in  the  United  States  Navy.  Judge  Allen  was  a  man 
of  marked  traits  of  charaeter.  Singularly  neat  in  dress  and 
personal  appearance,  he  was  polite,  precise,  and  systematic, 
a  ftiithful  public  officer,  and  a  respected  citizen. 

JOHN    SHEPLEY. 

John  Shepley  was  a  law-partner  with  his  brother,  P]ther 
Shepley,  in  Saco,  from  182(5  to  1836.  He  also  continued 
to  practice  in  Saco  till  his  death,  which  occurred  Feb.  9, 
1857,  aged  sixty-nine  years.  Previous  to  settling  in  Saco, 
he  practiced  law  in  Rutland  and  Fitchburg,  Mass.,  and 
was  a  member  of  the  Massachusetts  Court,  a  delegate  to 
the  convention  to  revise  the  Constitution  of  Massachu- 
setts in  1820,  a  senator  in  that  State  in  1821,  and  a  rep- 
resentative in  1825,  prior  to  his  removal  to  Saco.  He  was 
reporter  of  the  decisions  of  the  Supreme  Judicial  Court  of 
Maine,  from  1835  to  1841,  and  from  1842  to  1850. 

GEORGE  H.  KNOWLTON. 
George  H.  Knowlton  was  born  in  Portsmouth,  N.  H., 
April  11,  1835;  practiced  law  at  Biddeford ;  was  city 
clerk  of  Biddeford  in  1860 ;  register  of  probate  trom 
1861  to  1869,  in  which  year  he  became  one  of  the  editors 
of  the  Portland  Press;  and  from  1870  until  his  death  was 
United  States  assessor  of  internal  revenue  for  the  First 
District  of  Maine. 

AMOS  G.  GOODWIN. 
Amos  Gr.  Goodwin,  born  in  Eliot,  Aug.  17,  1797,  grad- 
uated at  Harvard  College  in  1821,  studied  law,  and  settled 
at  Saco,  where  he  practiced  till  his  death,  Jan.  22,  1840. 
He  served  on  the  school  committee  in  1836,  and  was  town 
agent  from  1837  to  1840. 

GEORGE    THACHER,    JR. 

George  Thacher,  Jr.,  son  of  Judge  Thacher,  was  born 
at  Biddeford,  Sept.  7,  1790,  and  died  at  Westford,  Mass., 
June  12,  1857.  He  graduated  at  Harvard  in  1812; 
studied  law  and  practiced  at  Saco  ;  was  register  of  probate 
from  1820  to  1828;  removed  to  Monroe,  Waldo  Co.,  of 
which  he  was  sheriff  in  1838,  and  collector  of  customs 
at  Belfast  from  1841  to  1844.  He  was  law-partner,  in 
Saco,  of  Governor  Fairfield. 

SAMUEL    P.    S.    THACHER. 

Samuel  P.  S.  Thacher,  another  son  of  Judge  Thacher, 
born  April  23,  1785,  was  a  lawyer  at  Arundel  from  1812 
to  1815.     He  died  at  Mobile,  Ala.,  Nov.  5,  1842. 

LAURISTON  WARD. 
Lauriston  Ward  practiced  law  at  Saco,  and  was  deputy 
collector  of  customs  till  1841.  He  removed  to  Washing- 
ton, D.  C,  in  1845,  having  been  appointed  to  a  govern- 
ment clerkship.  He  was  born  in  Newton,  Mass.,  June  12, 
1786,  and  died  Jan.  27,  1852. 

GEORGE    HUSSEY. 

George  Hussey,  son  of  a  Quaker  farmer  in  Berwick, 
read  law  with  Jonathan  Clark,  of  Sanford,  in  which  town 


he  married    Hannah   Moulton,  by  whom    he  had  one  son 
and  a  daughter.      He  died  io  Kriinebonk,  July  IS,  1834. 

ALON/,0    MARRETT. 

Alonzo  Marrett,  now  of  East  Cambridge,  Mass.,  came 
to  Kennebunk  in  1842,  and  practiced  law  for  a  short  time. 
He  was  a  sou  of  Rev.  Samuel  Marrett,  of  Standish,  in 
which  town  he  was  born  in  1816.  He  graduated  at  Bow- 
doin  College  in  1838,  and  was  a  member  of  the  Massachu- 
setts Legislature  in  1862.  His  wife,  Mrs.  A.  W.  Marrett, 
died  July  25,  1876,  aged  sixty  years. 

JOHN    HUBBARD. 

John  Hubbard  was  a  lawyer  at  South  Berwick,  had  a 
large  law  business,  and  was  an  able  man.  He  was  a  grad- 
uate of  Dartmouth,  1841  ;  a  representative  in  1846.  He 
died  in  1849,  aged  thirty-four  years. 

JOHN   NOBLE    GOODWIN. 

John  Noble  Goodwin  was  admitted  to  practice  about  the 
time  of  the  death  of  John  Hubbard,  and  took  his  1 
He  was  afterwards  senator  in  1855  ;  member  of  Co 
from  1861  to  1863;  chief  justice  of  Arizona  in  1863; 
Governor  of  Arizona  from  1863  to  1865 ;  delegate  in 
Congress  from  Arizona,  1865  to  1867.  He  graduated  at 
Dartmouth  in  1844. 

JOSEPH    W.    LELAND. 

Joseph  W.  Leland,  son  of  Joseph  Leland,  of  Saco,  mer- 
chant, was  born  in  Saco,  July  31,  1805,  and  died  Sept.  7, 
1858.  He  graduated  at  Bowdoin  College  in  1826,  studied 
law,  and  practiced  in  Saco  till  his  death.  He  was  county 
attorney  in  1837,  1839,  and  1840,  and  from  1846  to  1849. 

GEORGE    FOLSOM. 

George  Folsom,  the  author  of  the  "  History  of  Saco  and 
Biddeford."  was  a  few  years  a  lawyer  in  Saco.  He  was 
born  in  Kennebunk,  May  23, 1802  ;  graduated  at  Harvard 
in  1822.  He  removed  to  Worcester,  Mass.,  and  then  to 
New  York  about  1838  ;  was  State  senator  in  New  York  in 
1845  to  1847  ;  United  States  minister  to  the  Netherlands, 
1850  to  1853.     Died  at  Rome  (Italy),  Mardi  27,  1869. 

DANIEL    T.    GRANGER. 

Daniel  T.  Granger,  born  at  Saco,  July  IS,  1807,  grad- 
uated at  Bowdoin  in  1826,  studied  law  with  John  and 
Ether  Shepley,  and  practiced  at  Newfield  from  1829  to 
1833,  at  Eastport  from  1833  till  June,  1855.  He  was 
appointed  judge  of  the  Supreme  Court  in  March,  1854,  but 
declined. 

JOHN    T.    PAINE. 

John  T.  Paine,  of  Sanford,  was  born  at  Wakefield,  N.  H., 
Aug.  20,  1831.  He  was  county  attorney,  1842  to  1846  ; 
representative  from  1837  to  1842.  He  removed  to  Mel- 
rose, Mass.,  and  had  a  law-office  in  Boston  ;  was  a  member 
of  the  Massachusetts  Legislature  in  1851.     Now  > 


FRANCIS    BACON. 

Francis  Bacon,  son  of  Dr.  David  Bacon,  of  Buxton,  was 
a  lawyer,  register  of  deeds,  and  register  of  probate.  Died 
in  Kittery. 


HISTORY  OF  YORK   COUNTY,  MAINE. 


JOHN    BURNHAM. 

John  Burnliam  was  born  in  Scarboiouub,  and  was  a 
graduate  of  Harvard  College  in  179S;  a  student  of  Judge 
Prentiss  Mellen,  then  of  Biddeford.  He  was  admitted  to 
the  York  bar  in  1801,  and  opened  an  office  in  Limerick  the 
same  3'ear,  and  practiced  there  until  his  death,  in  July,  1825. 
He  was  a  member  of  the  Constitutional  Convention  of  181 9, 
and  represented  the  town  in  the  Legislatures  of  1820  and 
1821. 

WILLIAM    FREEJIAN. 

William  Freeman  was  burn  in  Portland,  in  1783,  a  son  of 
Deacon  Samuel  Freeman,  and  brother  of  Rev.  Charles  Free- 
man, of  Limerick  ;  graduated  at  Harvard  in  1804,  and  was 
admitted  to  Cumberland  bar  in  1807.  He  practiced  in 
Portland  five  years,  and  removed  to  Limerick  upon  the  out- 
break of  the  war  with  Great  Britain,  and  remained  there 
eight  years,  engaged  in  professional  work,  serving  the  town 
in  the  General  Court  in  1818.  In  1820  he  returned  to 
Portland,  and,  after  a  brief  period,  thence  to  Cherryfield, 
where  he  died  in  February,  1879.  Like  his  brother  Charles, 
he  was  a  constant  and  zealous  advocate  of  temperance,  and 
did  much  literary  work  outside  his  profession. 

JOHN    IICDON.ALD. 

John  McDonald  was  born  in  Limerick,  in  December, 
1800,  and  was  educated  at  the  local  academy  and  at  Bow- 
dom  College  in  the  class  of  1823.  His  tutors  in  law  were 
Gen.  Fessenden,  Hon.  Rufus  Mclntire,  and  John  Burnham. 
He  became  a  member  of  York  bar  and  practitioner  in  Lim- 
erick in  1826.  Nine  years  later  he  moved  to  Bangor ;  was 
judge  of  the  Mimicipal  Court  in  1837-39,  and  died  in 
January,  1867,  aged  sixty-six  years.  He  was  a  son  of 
Gen.  McDonald,  of  Limerick. 

MOSES  MCDONALD. 
Moses  McDonald,  a  brother  of  the  preceding,  was  born 
in  Limerick,  April  8,  1815,  and  received  an  academic 
and  partially  collegiate  education.  He  was  admitted  to 
York  bar  in  1837,  and  succeeded  Judge  Howard  (with 
whom  he  read  law)  upon  the  removal  of  tlie  latter  to  Port- 
land. He  was  representative  in  Legislature  in  1841-42 
and  1845,  the  last  year  being  chosen  Speaker ;  State  senator 
in  1847  ;  State  treasurer  from  1847-50  ;  representative  in 
Congress  from  1851-55  ;  and  collector  of  customs  at  Port- 
land under  President  Buchanan.  He  died  at  Saco,  Oct. 
18,  1869,  leaving  a  widow,  the  daughter  of  Rev.  Elias 
Libby,  of  Limerick. 

ROBERT    B.    CAVERLY. 

Robert  B.  Caverly  was  admitted  to  the  York  bar  ;  re- 
moved to  Limerick  in  1837,  with  a  degree  of  LL.B.  from 
Harvard  Law  School.  Here  he  practiced  six  years,  and 
went  hence  to  Lowell,  Mass.,  where  he  now  resides.  He 
is  a  poet  and  author  of  favorable  mention,  and  widely  known 
as  a  lawyer.  One  of  his  wives  was  a  daughter  of  Daniel 
Perry,  Esq.,  of  Limerick.     His  student  and  succes.sor  was 

CALEB    B.    LORD. 

Caleb  B.  Lord  was  a  native  of  Parsonsfield,  who  received 
an  academic  education  in  Parsonsfield  and  Limerick.     He 


pursued  his  legal  studies  with  Hon.  Rufus  Mclntire  and 
Caleb  Burbank,  Esq.  (his  uncle,  then  of  Cherryfield,  Me., 
afterwards  upon  the  bench  of  California),  and  was  admitted 
to  York  bar  in  1843.  He  practiced  in  Limerick  until 
January,  1859,  when  he  went  to  Alfred  (his  present  resi- 
dence), serving  as  clerk  of  courts  for  nine  years  ending 
Dec.  31,  1867.     His  contemporary  was 

LUTHER  S.  JIOORE. 
Luther  S.  Moore  was  born  in  Newfield,  and  was  educated 
at  Limerick  Academy.  He  became  a  member  of  the  York 
bar  in  1844,  practiced  a  short  time  in  Stetson,  returned 
to  Limerick,  succeeding  Moses  McDonald  (with  whom  he 
read  law).  He  was  in  the  Maine  Senate  in  1853,  and  its 
president  in  1854,  and  in  the  House  of  Representatives  in 
1858.  He  is  a  trustee  of  the  State  College  of  Agriculture, 
farms  many  acres  in  the  village,  and  still  pursues  his  pro- 
fession. His  wife  is  a  daughter  of  Hon.  Simeon  Barker, 
deceased. 

EDWIN    B.    SMITH. 

Edwin  B.  Smith  was  born  in  Kennebunk,  Oct.  3,  1S32, 
and  graduated  at  Bowdoin  College  in  1856.  He  was  ad- 
mitted to  the  bar  in  September,  1858,  after  reading  with 
Judge  E.  E.  Bourne,  of  his  native  town.  His  first  prac- 
tice was  in  Limerick,  from  March,  1859,  to  September,  1862. 
He  moved  to  Saco,  and  was  partner  of  Hon.  Rufus  P. 
Tapley  until  the  latter's  elevation  to  the  Supreme  Bench  in 
December,  1865.  From  this  time  he  continued  in  a  large 
practice  until  1875,  when  he  was  commissioned  as  assistant 
attorney-general  of  the  United  States,  and  was  succeeded 
by  Burbank  &  Derby.  He  represented  the  city  of  Saco  in 
the  Legislature  for  three  years,  being  Speaker  of  the  House 
in  1871  ;  was  city  solicitor  three  years,  and  reporter  of  de- 
cisions (S.  J.  Ct.)  from  March,  1873,  to  October,  1875, 
which  appointment  he  resigned  in  consequence  of  his  re- 
moval to  Washington,  D.  C.,  into  a  national  field  of  labor. 
His  industry,  his  ability,  and  his  cordial  love  of  his  cho.sen 
work  have  won  for  him  State  and  national  reputation. 

HIRAM    H.    BROWN. 

Hiram  H.  Brown  was  a  native  of  Cornish,  and  pursued 
his  academic  studies  in  Limerick.  Having  read  law  with 
L.  S.  Moore,  Esq.,  he  was  admitted  to  the  bar  in  1861,  and 
entered  upon  his  professional  work  in  the  same  year  in 
Limerick,  where  he  lived  about  six  years.  He  is  now  prac- 
ticing in  Lowell,  Mass. 

HORACE    H.    BURBANK. 

Horace  H.  Burbank,  a  son  of  Abner  Burbank,  Esq., 
was  born  in  Limerick,  Oct.  27,  1837,  and  received  his  edu- 
cation at  Limerick  and  Yarmouth  Academies,  and  at  Bow- 
doin College,  of  which  he  was  a  graduate  in  1860.  For  the 
ensuing  five  years  he  was  either  a  teacher,  law  student,  or 
a  soldier.  Entering  the  volunteer  army  as  a  private,  he  left 
in  1865  as  a  captain.  He  read  law  with  L.  S.  Moore,  Esq., 
and  at  Harvard  Law  School ;  was  admitted  to  York  bar  in 
1864,  and  began  practice  in  his  native  town  in  1865. ■  Here 
he  remained  ten  years ;  meanwhile  holding  various  town 
offices,  and  representing  the  towns  of  Limerick  and  Lim- 
ington  in  Legislature  of   1866.     He  was  register  of  pro- 


Col.  James  M.  Stone,  tliird  son  in  a  family  of 
six  children  of  Capt.  James  and  Lydia  (Perkins) 
Stone,  was  born  in  Kennebunkport,  Me.,  April  8, 
1826.  He  received  his  preparatoiy  education  in 
the  Gorham,  North  Yarmouth,  and  North  Bridgton 
Academies,  and  at  Andover,  Mass.,  and  graduated 
at  Brown  University,  Providence,  E..  I.,  in  1853. 
He  began  teaching  at  the  age  of  sixteen  to  obtain 
means  for  his  college  course,  having  been  thrown 
upon  his  own  resources  at  the  age  of  twelve  by  the 
death  of  his  parents. 

After  leaving  college  he  read  law  with  the  late 
Judge  Bourne,  of  Kennebunk,  and  was  admitted  to 
the  bar  of  York  County  in  1856.  He  formed  a  law 
partnership  with  E.  E.  Bourne,  .Jr.,  of  Kennebunk 
(Bourne  &  Stone).  This  firm  continued  practice 
until  1862,  when  he  volunteered  in  the  27th  Maine 
Infantry  as  a  private.  He  was  elected  captain  of 
Company  I  by  his  comrades,  and  upon  the  organiza- 
tion of  the  regiment,  Sept.  30,  1862,  he  was  com- 
missioned major.  This  regiment  was  stationed  in 
Virginia,  engaged  in  skirmishing  and  picket  duty. 
On  Feb.  11,  1863,  he  was  commissioned  lieutenant- 
colonel,  and  was  mustered  out  of  service  in  the  fol- 
lowing July.     After  his  return    from   tlie  war  he 


practiced  law  alone  for  a  time ;  subsequently  formed 
a  law  partnership  with  Addison  E.  Haley,  which 
continued  about  two  years.  He  continues  the  prac- 
tice of  his  profession  in  1879,  giving  special  atten- 
tion to,  and  is  largely  engaged  in,  patent  law  practice 
in  Washington  and  New  York  City. 

He  was  formerly  a  Whig  and  is  now  a  Republi- 
can. He  was  a  member  of  the  Maine  Legislature 
for  1854  and  1855,  from  Kennebunkport;  also,  in 
1860,  1864,  1865,  and  1870,  from  Kennebunk,  and 
was  Speaker  of  the  House  in  1866.  The  same  year 
that  he  was  Speaker  of  the  House  in  the  Maine  Leg- 
islature, a  gentleman  of  the  same  name  was  Speaker 
of  the  House  in  the  Massachusetts  Legislature. 

He  was  a  member  of  the  Republican  National 
Convention  of  1876,  held  at  Cincinnati,  that  placed 
in  nomination  Rutherford  B.  Hayes  for  President  of 
the  United  States,  and  has  been  a  candidate  for  Gov- 
ernor of  the  State  and  member  of  Congress  in  vari- 
ous conventions.  He  is  a  member  of  the  Congrega- 
tional Church  at  Kennebunk. 

Col.  Stone  married.  May  4,  1859,  Lucy  W., 
daughter  of  James  and  Abigail  (Durrell)  Titcomb, 
of  Kennebunk.  They  have  three  children, — George 
T.,  Abbie  L.,  and  James  S. 


NATHANIEL  G.  MAKSHALL, 

born  in  York  May  2,  1812.  He  and  bis  sister. 
Eunice,  born  June  17,  1817,  being  the  only  chil- 
dren of  John  Marshall  and  Eunice,  daughter  of 
Joshua  and  Hannah  (Simkins)  Grant.  His  father 
was  a  blacksmith  by  trade.  Of  him  but  little  is 
known,  except  that  he  was  a  descendant  of  the 
Marshalls,  of  Bridgewater,  Mass.  His  mother 
was  of  Scotch  descent,from  James  Grant,  who  was 
taken  prisoner  by  the  forces  of  Oliver  Cromwell 
about  1645,  and  either  escaped  or  was  banished, 
and  came  to  America  about  this  timc^  the  snb- 
ject  of  our  sketch  being  of  the  seventh  generation. 
His  father  disappeared  mysteriously  early  in  1817, 
just  before  the  birth  of  his  sister  Eunice,  and  was 
never  heard  from.  His  mother  died  Dec.  9, 1819, 
aged  twenty-eight  years,  leaving  him  and  his  sis- 
ter to  the  care  and  protection  of  theirgreat-grand- 
parentu,  David  and  Olive  Grant.  This  great-grand- 
father died  May  3,  1823,  after  which  the  great- 
grandmother  assumed  the  care  of  our  subject  and 
his  sister  until  her  death,  March  15,  1827,  after 
wliich  time,  he  being  nearly  fifteen  years  of  age, 
he  was  left  to  shift  for  himself.  At  the  age  of 
eighteen  he  was  qualified,  under  the  tuition  of 
the  Hon.  Alexander  Mclntire  and  the  Rev.  Eber 
C.  Carpenter,  pa.<tor  of  the  First  Congregational 
Church,  both  of  whom  took  a  great  interest  in  his 
behalf,  to  teach  a  sumntcr  school  in  his  native 
school  district,  and  followed  this  occupation  in 
the  winter  season  until  1832,  during  the  summer 
lime  acting  as  clerk  in  the  store  of  a  trader  in 
York.  In  1832,  when  twenty  years  of  ag»,  his  apti- 
tude and  ability  for  trade  was  such  that  he  ob- 
tained credit  to  set  up  business  for  himself,  in 
which  he  was  moderately  successful.  In  1836  he 
was  elected  constable  and  collector  of  taxes ;  in 
1838  elected  town  clerk-,  in  1839  appointed 
deputy  sheriff,  and  the  same  year  formed  a  co- 
partnership in  trade  with  Mr.  Cbarles  0.  Clark, 
which  continued  until  l«4:i,  when  he  bought  his 
partner's  interest  and  continued  in  business  until 
1850,  when  the  death  of  his  sister  and  his  ill 
health  caused  him  to  sell  out  his  business.  In 
1840  he  was  elected  a  member  of  the  school  com- 
mittee of  his  town;  in  1841  was  again  appointed 
deputy  sheriff;  in  1849  was  appointed  collector 
of  the  customs  for  the  port  of  York  ;  in  1856  was 
elected  treasurer  and  collector  of  his  town ,  which 
ofBces  he  held  for  several  years,  the  duties  of 
which  he  performed  so  faithfully  as  to  elicit  from 
the  town  a  vote  of  thanks,  as  appears  upon  its 
records;  in  1854  he  was  appointed  by  Gov.  Crosby 
sheriff  of  York  County  ;  in  1856,  the  office  having 
become  elective  by  a  change  in  the  constitution 
of  the  State,  he  was  elected  sheriff  by  a  large 
majority ;  in  1858,  declining  a  nomination,  he  was 
admitted  as  a  member  of  the  bar  of  York  County, 
and  is  now  a  member  in  good  standing ;  in  1860-61 
he  was  elected  a  member  of  the  State  Senate  ;  in 
1862  he  "a-  ,.|,|-i..t..a  l.>   l',.-il.    t    T.i„...l,,  a- 

SeSSOr   ..f   il,t..ll,:,I    l.■^.  T)U.      f    ■      !h        l:-r     l-^fi.-t 
of    MaihP,   Ullirll    .iUl.  .•   Ilr    li:!.'l    «i'!.      ■:-■      I    .i'   l^ 


ity  until  Feb.  8, 1870,  having  tendered  his  resigna. 
tion  in  Deceinber  preceding.  He  then  retired  from 
official  life  to  the  bosom  of  his  family. 

In  September,  1870,  he  purchased  what  is  known 
as  "Stage  Neck,"  at  the  mouth  of  York  Kiver, 
and  during  the  following  winter  and  spring 
erected  the  widely  and  favorably  known  summer 
hotel,  called  the  Marshall  House,  now  conducted 
by  his  eldest  son,  Edward  S.  Marshall,  through 
whose  good  management  the  house  has  become 
the  chosen  resort  of  the  best  class  of  summer  visi- 
tors from  many  States.  The  success  of  this  large 
enterprise,  undertaken,  as  it  was,  in  spite  of  many 
predictions  of  failure,  has  proved  his  sagacity  and 
forecast.  The  pretty  town  hall,  as  remodeled  under 
his  direction,  and  the  address  delivered  by  him 
at  its  dedication,  is  an  evidence  of  his  desire 
to  improve  the  place  of  his  nativity.  Others  of 
the  best  dwellings  in  the  town  were  built  or 
remodeled  by  him,  and  he  has  the  credit  of  erect- 
ing and  repairing  more  and  better  buildings  than 
any  other  person  in  the  memory  of  the  oldest  in- 
habitant. In  December,  1874,  he  was  appointed 
town  clerk  by  the  selectmen,  to  fill  a  vacancy 
occasioned  by  the  death  of  his  life-long  friend, 
Charles  0.  Clark,  and  at  the  annual  meeting,  in 
1875,  was  elected  to  the  same  office,  which  he 
now  (December,  1879)  holds.  The  records  of  this 
ancient  to«n,  dating  as  eariy  as  1642,  attracted 
his  attentive  admiration.  The  tirst  two  volumes, 
commencing  in  1642  and  ending  about  1800,  filled 
with  matter  without  any  order  as  to  dates,  have 
been  copied  by  him  in  a  plain,  record  hand,  and 


a  comple 
engaged. 


the  order  of  date,  and 
of  the  index,  on  which 
lake  these  new  volumes 

labor  in    rearranging   i 


n\  cun.^4'ryvQ^tu^^i_ 


nderful  exhibition  of  vast 
laboi,  embracing,  as  it  does,  the  early  families 
found  on  the  scattering  and  tattered  originiils; 
and  he  is  now  engaged  in  tracing  the  descendants 
in  every  form  and  possible  direction.  As  to  matters 
of  antiquity  and  tradition  he  may  be  called  a 
living  cjclopffidia.  He  tells  the  author  of  this 
sketch  that  he  could  not  have  done  so  much 
but  for  the  encouragement  and  aid  of  his  wile, 
who  passed  away  on  the  17th  of  April  last,  since 
which  time  he  has  done  but  little  in  extending 
his  investigations.  He  was  married,  April  2, 1841, 
to  Sophia  Baker,  daughter  of  James  and  Mana 
(Baker)  Bragdon.  She  was  bora  March  9, 1820, 
and  was  the  eighth  generation  from  Arthur  Brag- 
don, who  signed  the  submission  to  Massachusetts 
Nov.  22, 1652.  Their  children  were  bom  as  follows : 
Edward  Simpson  Marshall,  bom  Feb.  1,  1842; 
George  Albert  Maishall,  born  Oct.  4, 1843;  Mary 
Ann  Marehall,  born  April  8,1846;  Samuel  Bradley 
Marshall,  bom  Jan.  23,  1847;  Juliette  "—•■■■" 


S.pt 


,  born  Nov. 


EoiBirasE  <oj^  ii€)ii.  BAYii^mfg^  ®.  mihnmAL<L,  )i©mi,  ^'VAii  e©.,  mMiiw.. 


YORK   COUNTY   CIVIL  LIST. 


bate  from  January,  1869,  to  January,  1877,  judge  advocate 
on  Governor  Connor's  staff  in  1876-78,  witli  rank  of  col- 
onel, and  county  attorney  in  1878.  In  September,  1875, 
he  removed  to  Saco  and  entered  into  partnership  Vi^ith  Judge 
John  S.  Derby.  He  was  chosen  city  solicitor  of  Saco  for 
the  years  1877  and  1878,  and  since  1873  has  been  one  of 
the  bail  commissioners  of  the  county. 

PRANK    M.    HIGGINS. 

Frank  M.  Higgins  read  law  with  Messrs.  Strout  &  Gage, 
of  Portland,  and  entered  Cumberland  bar  in  October,  1875, 
whereupon  he  removed  to  Limerick  and  succeeded  to  the 
office  and  business  of  H.  H.  Burbank,  Esq. 


John  S.  Berry  studied  law  with  Samuel  M.  Came  and 
Edwin  B.  Smith,  and  was  admitted  May  18,  1870.  He 
graduated  at  Bowdoin  College  in  the  class  of  1868.  He  is 
a  native  of  Alfred, — born  June  16,  1846;  was  judge  of 
Municipal  Court  of  Saco  from  March,  1874,  to  March, 
1878,  and  since  Sept.  1,  1875,  a  law- partner  with  Horace 
H.  Burbank,  of  Saco. 

We  give  below  a  list  of  resident  members  of  the  York 
County  Bar  at  the  May  term  of  1870,  with  their  places  of 
residence  at  that  time  and  the  dates  of  their  admission. 
Those  marked  with  an  asterisk  have  since  died,  and  others 
have  removed  to  Boston,  Portland,  and  elsewhere,  as  indi- 
cated in  foot-notes: 

Adams,  John  Q.,  Biildeford,  1.S68. 
Allen,  Amos  L.,  Alfred,  1866. 
Ayer,  C.  R.,  Cornish,  1838. 
Bacon,  Francis.*  Hollis,  1841. 
Bodwell,  John  B.,t  1862. 
Blazo,  Robert  True,*"  Parsonsfield. 
Burbank,  Horace  H.,  Saco,  1864. 
Bourne,  Edward  E.,«  Kennebunk,  1819. 
Bourne,  Edw.  E.,  Kennebunk,  1851. 
Butler,  John  E.,f  Biddeford,  1867. 
Bradbury,  Henry  K.,  Hollis,  1847. 
Burnham,  Edward  P.,  Saco,  1849. 
Came,  Samuel  M.,  Alfred,  1863. 
Chisholm,  Alexander  P.,»  Saco,  1842. 
Clifford,  Charles  E.,t  Newfleld,  1856. 
Clifford,  George  F.,  Cornish,  1868. 
Copeland,  William  J.,  Berwick,  1861. 
Dane,  Joseph,  Kennebunk,  1846. 
Drew,  Ira  T.,  Alfred,  1841. 
Drew,  Moses  A.,  Alfred,  1869. 
Eastman,  Edward,  Saco,  1860. 
Emery,  William,  Alfred,  1847. 
Emery,  Moses,  Saco,  1821. 
Emery,  George  A.,  Saco,  1866. 
Fairfield,  H.,  Saco,  1860. 
Frost,  Howard,  Sanford,  1860. 
Goodwin,  John  M.,  Biddeford,  1848. 
Goodwin,  A.  G.,  Biddeford,  1868. 
Guptill,  F.  W.,  Saco,  1858. 
Haines,  William  ?.,»  Biddeford,  1835. 
Haley,  A.  E.,  Kennebunk,  1867. 
Hamilton,  S.  K.,§  Biddeford,  1862. 
Hamilton,  B.  F.,  Biddeford,  1860. 
Hobbs,  Nathaniel,  North  Berwick,  1860. 
Hobbs,  H.  H.,  South  Berwick,  1834. 
Hobbs,  Charles  C,  South  Benjick,  1857. 
Hobson,  William,®  Saco,  1867. 

*  Deceased.         j  Removed  to  Portland.         t  Removed  tu  Kansas. 


Hayes,  E.  H.,  North  Berwick,  1859. 

Hubbard,  T.  H.,»  North  Berwick,  1858. 

Jones,  Samuel  W.,  Lebanon,  1866. 

Jordan,  Ichabod  G.,»  Berwick,  1830. 

Kimball,  Increase  S.,  Sanford,  1832. 

Knowlton,  George  H.,»  Biddeford,  1862. 

Low,  Asa,  Sanford,  1845. 

Luques,  Samuel  W.,  Biddeford,  1842. 

Lunt,  W.  F.,?  Biddeford,  1868. 

Lord,  Caleb  B.,  Alfred,  1843. 

Loring,  Samuel  V.,?  Saco,  1836. 

Marshall,  Joel  M.,  Bu.xton. 

Morris,  Edward  S.,  Biddeford,  1844. 

McArthur,  Arthur,*  Limington,  January,  1815. 

McArthur,  William  M.,  Limington,  1860. 

McKenny,  Simeon  P.,  Biddeford,  1845. 

Mclntire,  James  0.,»  Parsonsfield,  1845. 

Moore,  Luther  S.,  Limerick,  1844. 

Marshall,  Nathaniel  G.,  York,  1859. 

Mason,  Luther  T.,  Biddeford,  1856. 

Nealley,  John  Q.,  South  Berwick,  1865. 

Oakes,  Abncr,  South  Berwick,  1S51. 

Ridlon,  Emery  S.,»  Parsonsfield,  1867. 

Scammon,  John  Q.,  Saco,  1842. 

Smith,  Edwin  B.,I|  Saco,  1858. 

Stone,  James  M.,  Kennebunk,  1856. 

Stone,  Edwin,  Biddeford,  1869. 

Safford,  M.  A.,  Kittery,  1861. 

Tripp.  Alonzo  K.,  Wells,  1861. 

Tapley,  Rufus  P.,  Saco,  1848. 

Weymouth,  G.  N.,  Biddeford,  1865. 

Weld,  Charles  E.,  Buxton,  1842. 

Wedgwood,  E.  W.,  Biddeford,  1841. 

Wiggin,  E.  R.,J  Saco,  1850. 

Yeaton,  George  C,  South  Berwick,  1859. 

Since  1870  the  following  have  been  added  to  the  mem- 
bership of  the  bar,  and  are  now  resident  lawyers  iu  the 
county :  John  S.  Derby,  Saco ;  Richard  H.  Nott,  Saco ; 
Edgar  A.  Hubbard,  Biddeford  ;  Nathaniel  B.  Walker,  Bid- 
deford ;  Caleb  P.  Brackett,  Buxton ;  Harry  V.  Moore, 
Berwick ;  Frank  Wilson,  Sanford ;  Frank  W.  Roberts, 
Biddeford;  Harry  J.  Tatterson,  Biddeford;  Frank  Wells, 
Acton  ;  Charles  W.  Ross,  Biddeford  ;  Jesse  Gould,  Bidde- 
ford. 


CHAPTER    XXV. 

TOKK    COUNTY    CIVIL   LIST. 

Federal    Government — State    Government — Colonial    Government — 
Judiciary — County   Government. 

UNITED   STATES    GOVEENMENT. 
The  following  list  of  civil  and  judicial  officers  contains 
only  the  names  of  those  who  have  resided  or  now  reside  in 
York  County. 

UNITED    STATES    SENATORS. 
John  Holmes,  Alfred,  1820-27. 
John  Holmes,  Alfred,  1829-33. 
Ether  Shepley,  Saco,  1833-36. 
John  Fairfield,  Saco,  1843-45. 

REPRESENTATIVES    IN    CONGRESS. 

DN'DER    MASSACHUSETTS. 

George  Thacher,  Biddeford,  1st  to  7th  Congress,  1789-1801. 
Richard  Cutts,  Kittery,  7th  to  13th  Congress,  1801-13. 


§  Removed  to  Boston. 


II  Removed  to  Washington. 


HISTORY  OP  YORK  COUNTY,  MAINE. 


Cyrus  King,  Saeo,  13th  to  loth  Congress,  1813-17. 
John  Holmes,  Alfred,  15th  to  17th  Congress,  1817-21. 

SINCE   THE    ADMISSION   OF    MAINE. 

Joseph  Dane,  Kennebunk,  17th  Congress,  1821-23. 

Wm.  Burleigh,  South  Berwick,  ISth  and  19th  Congresses,  182.3-27 

Rufus  Mclntire,  Parsonsfield,  20th  to  23d  Congress,  1827-35. 

John  Fairfield,*  Saco,  24th  and  25th  Congresses,  1835-39. 

Nathan  Clifford,!  Newfield,  26th  and  27th  Congresses,  lS39-43.t 

Joshua  Herrick,  Kennebunkport,  28th  Congress,  1843-45. 

John  F.  Seamuian,  Saco,  29th  Congress,  1845-47. 

Moses  McDonald,  Limerick,  32d  and  33d  Congresses,  1851-55. 

Daniel  E.  Somes,  Biddeford,  36th  Congress,  1859-61. 

John  N.  Goodwin,  gouth  Berwick,  37th  Congress,  1861-63. 

John  H.  Burleigh,  South  Berwick,  43d  and  44th  Congresses,  1S73- 

PRESIDENTIAL    ELECTORS. 

David  Sewall,  York,  1788. 

Nathaniel  Wells,  Wells,  1792,  1796. 

Andrew  P.  Fernald,  Eliot,  1800. 

John  Woodman,  Buxton,  1804. 

Andrew  P.  Fernald,  Eliot,  1808. 

Nathaniel  Goodwin,  Berwick,  1S12. 

John  Low,  Lyman,  1816. 

William  Moody,  Saco,  1820. 

Nathaniel  Hobbs,  North  Berwick,  1824. 

Simon  Nowell,^  Kennebunkport,  1828. 

Joseph  Prime,  South  Berwick,  1828. 

Isaac  Lane,  Hollis,  1832. 

Sheldon  Hobbs,  North  Berwick,  1836. 

Charles  Trafton,  South  Berwick,  1840. 

Ichabod  Jordan,  Saco,  1844. 

Rufus  Mclntire,  Parsonsfield,  1848,  1852. 

James  Morton,  Buxton,  1856. 

Louis  0.  Cowan,  Biddeford,  1860. 

Richard  M.  Chapman,  Biddeford,  1864. 

Esreff  H.  Banks,  Biddeford,  1S68. 

James  H.  McMillan,  Biddeford,  1872. 

Sylvester  LittlefleUl,  Alfred,  1876. 

COLLECTORS  OP  UNITED  STATES  CUSTOMS. 


CuHec(.-;».— Jeremi.ah  Hill,  1789-1809,-  Daniel  Granger,  1809-29; 
John  F.  Scamman,  1829-41;  Tristram  Storer,  1841-45;  Ichabod 
Jordan,  1845-49  ;  Joseph  T.  Nye,  1849-53  ;  Nathaniel  M.  Towle, 
1853-55;  Alpheus  A.  Hanscom,  1855-60;  Thomas  K.  Lane, 
1860-61 ;  Owen  B.  Chadbourne,  1861-66;  John  Hanscom,  1866- 
67;  William  Hobson,  1867-69 ;  Owen  B.  Chadbourne,  1869-72; 
Thomas  H.  Cole,  1872-75;  Moses  Lowell,  1875-78;  Ivory  Lord, 
1878. 

Deputij  roHectocs.— Peter  Hill,  Joseph  Granger,  Nathaniel  Goodwin, 
Isaac  Emery,  Lauriston  Ward;  D.  Cutts  Nye,  1849-53;  Bowen 
C.  Greene,  1853;  Oliver  D.  Boyd;  Chas.  Fred.  Towle,  1858; 
Samuel  F.  Chase,  1S61;  Edwin  B.  Smith,  1864;  Edward  East- 
man, 1866;  Edwin  B.  Smith,  1867;  Jason  W.  Bealty,  1869; 
Moses  Lowell,  1872;  Frad.  W.  Guptill,  1875. 

«  Elected  Governor  of  Maine  in  1839,  and  also  in  1841. 

t  Attorney -General  of  the  United  States,  1 846  ;  Justice  of  the  United 
States  Supreme  Court,  1858,  and  now  in  office;  residence,  Portland. 

X  The  First  (or  York)  Congressional  District  was  composed  of  the 
county  of  York  till  1843;  from  1843  to  1853  it  also  included  several 
towns  in  Western  Oxford;  from  1853  to  1863  the  city  of  Portland 
and  several  towns  in  Cumberland  County  were  embraced  in  the  First 
District ;  and  from  1863  to  the  present  time  all  the  towns  in  Cumber- 
land County  were  included  in  the  First  District.  In  the  Thirtieth 
Congress  (1847-49)  David  Hammons,  of  Lovell,  was  Representative; 
in  the  Thirty-first,  Elbridge  Gerry,  of  Watcrford  ;  in  the  Thirty-fourth 
and  Thirty-fifth,  John  M.  Wood,  of  Portland ;  in  the  Thirty-eighth, 
Lorenzo  D.  M.  Sweat,  of  Portland;  in  the  Thirty-ninth,  Fortieth, 
Forty-first,  and  Forty-second,  John  Lynch,  of  Portland;  and  in  the 
Forty-fifth  and  Forty-sixth,  Thomas  B.  Reed,  of  Portland. 

'i  Elector  at  large. 


Cc-Weo(r,r».— Jonas  Clark,  1799-1809 ;  Joseph  Storer,  1809-25;  Geo. 
Wheelwright,  1825-29  ;  Barnabas  Palmer,  1829-41 ;  Daniel  Re- 
mich.  1841-45:  James  Osborn,  1845-47  ;  Abel  M.  Bryant,  1847- 
49;  Daniel  Remich,  1849-53  ;  John  Cousens,  1853-61 ;  Nathan- 
iel K.  Sargent,  1861-75;  Jefferson  W.  Sargent,  1875. 

/><yji<(ie».— Henry  Clark,  Seth  Burnham  ;  George  AVheelwright,  1809- 
25;  Daniel  Wheelwright,  1825-29;  John  Herrick,  1829-41; 
Willi.im  M.  Bryant,  1841;  Oliver  Walker,  1842-47;  Joshua 
Herrick,  1847-49;  Oliver  Walker,  1849-51;  Edward  P.  Burn- 
ham,  1851-53;  Enoch  Cousens,  185.3-61  ;  Seth  E.  Bryant,  1861- 
64;  W.  F.  Moody,  1864  ;  Seth  E.  Bryant,  1865. 

yoKK     DISTRICT. 

Ci>Hecfo/«.— Richard  Trevett,  1789;  Joseph  Tucker,  1801;  Samuel 
Derby,  1805;  Jeremiah  Clark,  1809  :  Alexander  Mclntire,  1811; 
Jeremiah  Bradbury,  1815;  Thomas  Savage,  1820  ;  Mark  Dennett, 
1829;  Joseph  P.  Junkins,  1840  ;  Jeremiah  Brooks,  1841  :  Joseph 
P.  Junkins,  1845;  Nathaniel  G.  Marshall,  1849;  Luther  Jun- 
kins, 1853:  George  Bourdon,  1860:  Jeremiah  S.  Putnam,  18B1; 
Edward  A.  Br.igdon,  1869. 


STATE  OFFICERS. 

,  Johu  Fiiirfield,  Saco,  Governor,  elected  i 


PRESIDENTS    OP    THE    STATE    SENATE. 

Caleb  R.  Ayer,  C(u-nish,  1849. 
Luther  S.  Moore,  Limerick,  1854. 
Seth  Scamman,  Saco,  1858. 
John  H.  Goodenow,  Alfred,  1861-62. 
John  E.  Butler,  Biddeford,  1874. 

SECRETARIES    OP    THE    SENATE. 

Nathaniel  Low,  Lyman,  1826. 
William  Trafton,  Alfred,  1834. 
Louis  0.  Cowan,  Biddeford,  1853. 
William  Trafton,  Alfred,  1854. 
Louis  0.  Cowan,  Biddeford,  1855. 

SPEAKERS   OF   THE    HOUSE. 

Benjamin  Greene,  South  Berwick,  1824. 
Daniel  Goodenow,  Alfred,  1830. 
Nathan  Clifl"ord,  Newfield,  1833. 
Moses  McDonald,  Limerick,  1845. 
James  M.  Stone,  Kennebunk,  1866 
Edwin  B.  Smith,  Saco,  1871. 


SECRETARIES   OF    STATE. 


ATTORNEYS-GENERAL. 

Nathan  Clifford,  Newfield,  1834. 
Daniel  Goodenow,  Alfred,  1838. 
Daniel  Goodenow,  Alfred.  1841. 
Nathivn  D.  Appleton,  Alfred,  1857. 

MEMBERS    OF    THE    EXECUTIVE   COUNCIL. 

1820-24.— Isaac  L.ane,  Hollis. 
1824-29. — Daniel  Wood,  Lebanon. 
1829.— Caleb  Emery,  Shapleigh. 
1830.— Elisha  .\llen,  Sanford. 
1831.— Isaac  Lane,  Hollis. 
1832-35.- Nathaniel  Clark,  Limington. 
1835-36.- Jabez  Bradbury,  Hollis. 
1837. — Henry  Hobbs,  Waterborough. 
1838. — Daniel  W.  Lord,  Kennebunkport. 
1839. — Henry  Hobbs,  Waterborough. 
1840.— Gowen  Wilson,  Kittery* 
1S41.— Increase  S.  Kimball,  Lebanon. 
1842.— Gowen  Wilson,  Kittery. 


YORK   COUNTY   CIVIL  LIST. 


1843-44.— Barnabas  Palmer,  Kcnnebunk. 
] 8.1 6-47.— Samuel  Mildram,  Wells. 
1849,  51-53.— Simeon  Strout. 
1854.— (3  ideon  Tucker,  Saco. 
1S57.— Ichabod  Frost,  Sanford. 
1859. — Almon  Lord,  Parsonsfield. 
1861-62.— George  A.  Frost,  Sanford. 
1865-67.— Marshall  Peirce,  Saco. 
1870-71.— Uranus  0.  Brackett,  Berwick. 
1874-77.— Jeremiah  M.  Mason,  Limerick. 
1879.— Edward  C.  Moody,  York. 

Rufus  Mclntire,  land-agent,  Parsonsfield,  1839. 

SUPREME   JUDICIAL   COURT. 

CHIEF   JCSTICE. 

Ether  Shepley,  Saco,  Oct.  23,  1848,  to  Oct.  22,  1855. 

ASSOCIATE    JUSTICES. 

Ether  Shepley,  Sept.  23,  1836;  Daniel  Goodenow,  Alfred,  Oct.  10, 
1855,  to  Oct.  10,  1862;  Rufus  P.  Tapley,  Saco,  Dec.  21,  1865,  to 
Deo.  21,  1872. 

REPORTERS    OF    DECISIONS. 

John  Fairfield,  Saco,  vols.  10  to  12,  June  27,  1832. 
John  Shepley,  Saco,  vols.  13  to  18,  Feb.  12,  1836. 
John  Shepley,  Saco,  vols.  21  to  30,  Jan.  22,  1842. 
Edwin  B.  Smith,  Saco,  vols.  61  to  64,  March  25,  1873. 

Luther  S.  Morris,  Limerick,  Trustee  of  State  College  of  Agriculture 
and  the  Mechanic  Arts,  Orono.  Established  by  act  of  Congress, 
July  2,  1862.  Accepted  by  the  State  Legislature,  March  25, 
1863. 

Nathan  Dane,  Jr.,  Kennebunk,  member  of  the  State  Board  of  Agri- 
culture. 

COUNCILORS  UNDER  MASSACHUSETTS. 

Francis  Champernoon,  Kittery,  1686. 

Job  Alcock,  York,  ■) 

Samuel  Hayman,  Berwick,     I   Charter 

Samuel  Donnell,  York,  ]  (  1692, 

Samuel  Wheelwright,  Wells,  1694-99. 

Joseph  Hammond,  Eliot,  1698-1705. 

Ichabod  Plaisted,  Berwick,  1706-16,  1759-61. 

John  Wheelwright,  Wells,  1708-36,  1745,  1752-54. 

Joseph  Hammond,  Eliot,  1718-29. 

Charles  Frost,  Eliot,  1721-24. 

William  Pepperell,  Jr.,«  Kittery,  1727-59. 

Timothy  Gerrish,  Kittery,  1733-34. 

Samuel  Came,  York,  1733-41. 

Jeremiah  Moulton,  York,  1735-51. 

Richard  Cutts,  Kittery,  1755-62. 

John  Bradbury,  York,  176.3-72. 

Nathaniel  Sparhawk,  Kittery,  1760-72. 

James  Gowen,  Kittery,  1773-80. 

Benjamin  Chadbourne,  Berwick,  1775-76,  1780-85. 

Charles  Chauncey,  Kittery,  1775-77,  1780. 

David  Sewall,  York,  1776-78,  1780. 

Edward  Cutts,  Kittery,  1779-80. 

Joseph  Simpson,  York,  1780-81. 

Nathaniel  Wells,  Wells,  1782-92. 

SENATORS   UNDER   MASSACHUSETTS. 

Edward  Cutts,  Kittery,  1780-82. 
Tristram  Jordan,  Saco,  1787. 
Richard  F.  Cutts,  Kittery,  1800-2. 
Joseph  Bartlett,  Saco,  1804. 
Joseph  Leland,  Saco,  1805,  1808. 
Thomas  Cutts,  Saco,  1810. 
John  Holmes,  Alfred,  1813. 
William  Moody,  Saco,  1812-19' 


Knighted,  1745;  died  July 


REPRESENTATIVES   UNDER   THE  COLONT  CHARTER.f 

Kittery.— John  Wincoln,  1653,  six  years  ;  Thomas  Withers,  1 656,  one 
year;  Humphrey  Chadbourne,  1657,  three  years;  Charles  Frost, 
1658,  five  years;  Roger  Plaisted,  1663,  three  years ;  James  Em- 
ery, 1676,  one  year. 

York.— Edward  Rishworth,  1653,  thirteen  years;  Peter  Weare,  1665, 
two  years ;  Samuel  Wheelwright,  1677,  one  year,  and  for  Wells 
and  York  one  year. 

■\Vells.— Edward  Rishworth,  1653,  one  year  with  York;  Hugh  Gun- 
nison, 1554,  one  year  with  York;  Francis  Littlefield,  1665,  one 
year;  William  Simonds,  1676,  one  year. 

Saco. — Robert  Booth,  1673,  one  year;  Richard  Hitchcock,  1660,  one 
year;  Richard  CoUicot,  1672,  one  year. 

SPECIAL   JUSTICES   OF   THE   SUPERIOR   COURT. 

John  Greenleaf,  in  all  causes  relating  to  land-titles  in  York,  April  6, 

1748. 
Joseph  Sawyer  and  Nathaniel  Sparhawk,  at  York,  in  causes  where  a 

quorum  of  the  standing  justices  is  not  present,  June  19,  1749. 

COMMISSIONERS   OF   OYER   AND    TERMINER. 

Francis  Ilookc,  Charles  Frost,  Samuel  Wheelwright,  Thomas  Newton, 
justices  to  inquire  of,  hear,  and  determine  all  murders,  etc.,  per- 
petrated within  the  county  of  York,  appointed  Oct.  22,  1692. 

Joseph  Hammond,  Ichabod  Plaisted,  William  Pepperell,  John  Wheel- 
.  wright,  Capt.  John  Hill,  and  Capt.  Lewis  Bane,  or  any  four  of 
them,  appointed  for  the  trial  of  Joseph  Gunnison  for  killing 
Grace  Wentworth,  Nov.  8,  1707. 

INFERIOR   COURT    OF   COMMON    PLEAS. 

Dec.  7,  1692,  Job  Alcock,  Francis  Hooke,  Charles  Frost,  and  Samuel 
Wheelwright  were  appointed  judges. 

March  6,  1694-95,  William  Pepperell  was  appointed  in  place  of  Francis 
Hooke,  who  died  Jan.  10,  1694-95. 

Oct.  10,  1699,  Samuel  Wheelwright,  Charles  Frost,  William  Pepperell, 
and  Samuel  Donnell  were  appointed  judges.  Donnell  took  the 
place  of  Job  Alcock. 

Sept.  7,  1699,  Abraham  Preble  was  appointed  to  take  the  place  of 
Charles  Frost,  killed  by  the  Indians,  July  4,  1697. 

June  7,  1700,  Joseph  Hammond  was  appointed  to  succeed  Samuel 
Wheelwright,  who  died  May  13,  1700. 

June  30,  1702,  Joseph  Hammond,  John  Wheelwright,  Ichabod  Plai- 
sted, and  Abraham  Preble  were  appointed  judges. 

June  15,  1798,  Pepperell  was  appointed  in  place  of  Abraham 

Preble,  "  disabled  in  his  hearing,"  and  who  died  Oct.  4,  1714,  aged 
seventy-two. 

June  8,  1710,  Capt.  John  Hill  was  appointed  to  take  the  place  of 
Joseph  Hammond,  who  died  Feb.  24,  1709-10. 

Dec.  13,  1715,  John  Wheelwright,  William  Pepperell,  Charles  Frost, 
and  Abraham  Preblej  were  appointed  judges.  Abraham  Preble 
and  Charles  Frost  were  appointed  in  the  place  of  Ichabod  Plai- 
sted, who  died  Nov.  16,  1715,  and  Judge  Hill. 


appo 


ated 


I  of  Willii 


Dec.  19,  1720,  Joseph  Hami 
Pepperell,  resigned. 

June  23,  1724,  Samuel  Moody  was  appointed  to  succeed  Abraham 
Preble,  Jr.,  who  died  March  14,  1723-24,  aged  forty-nine. 

Feb.  18, 1 724-25,  William  Pepperell,  Jr.,  was  appointed  in  the  room  of 
Charles  Frost,  who  died  Dec.  17,  1724,  aged  forty-six. 

April  11,  1729,  John  Wheelwright,  Joseph  Hammond,  William  Pep- 
perell, Jr.,  and  Samuel  Came  were  appointed  judges.  Judge 
Came  succeeded  Judge  Moody,  who  lived  till  1758. 

July  9,  1731,  William  Pepperell,  Jr.,  Timothy  Gerrish,  Samuel  Came, 
and  Joseph  Moody  were  appointed  judges.  Gerrish  and  Moody 
succeeded  Wheelwright  and  Hammond.  The  former  died  in 
1745,  the  latter  in  1751. 

Deo.  15, 1732,  Jeremiah  Moulton  was  appointed  in  the  place  of  Joseph 
Moody,  resigned. 

Oct.  5,  1739,  Elisha  Gunnison  was  appointed  to  succeed  Timothy  Ger- 
rish, resigned. 

f  Under  this  charter  there  were  no  representatives  from  Maine  in 
1666-68,  and  none  after  1679. 

*  Nephew  of  the  former  Judge  Preble. 


HISTORY  OF  YORK   COUNTY,  MAINE. 


Aug.  12,  1749,  Simon  Frost  was  appointed  in  the  place  of  Samuel 
Came,  resigned. 

Jan.  2,  1753,  John  Hill  was  appointed  to  succeed  Judge  Gunnison. 

May  23,  1760,  Jeremiah  Moulton,  Simon  Frost,  John  Hill,  and  Na- 
thaniel Sparhawk  were  appointed  judges.  Judge  Sparhawk 
filled  the  Taeaney  caused  by  the  death  of  Judge  Pepperell,  July 
6,  1759.     The  same  four  judges  were  confirmed  Nov.  20,  1761. 

Sept.  11,  1765,  Joseph  Sayer  was  appointed  to  succeed  Judge  Moul- 
ton, who  died  July  20,  1765. 

March  12,  1766,  Daniel  Moulton  was  appointed  in  place  of  Simon 
Frost,  who  died  1766. 

March  IS,  1772,  Nathaniel  Sparhawk,  Joseph  Sayer,  Daniel  Moulton, 
and  James  Gowen  were  appointed  judges.  Gowen  succeeded 
John  Hill,  who  died  March  2,  1772. 

April  7,  1774,  Jonathan  Sayward  was  appointed  to  take  the  place  of 
Daniel  Moulton. 

SPECIAL   JUSTICES   OF   THE   COUKT   OF   COMMON    PLEAS. 

Samuel  Moody  and  Joseph  Hill,  March  9,  1721-22. 

John  Penhallow  and  Samuel  Came,  Sept.  30,  1725. 

Joseph  Hill  and  Samuel  Came,  April  2  and  June  IS,  1726. 

John  Gray  and  Samuel  Came. 

Joseph  Hill  and  Samuel  Came,  Feb.  23,  1726-27,  June  17  and 

Dec.  22,  1727. 
Samuel  Came  and  Nathaniel  Gerrish,  Dec.  26,  1727,  and  June  13, 

172S. 
Joseph  Hill  and  Timothy  Gerrish,  April  11,  1729,  and  Dee.  24, 

1730. 
John  Gray  and  Joshua  Moody,  March  21,  1731-32. 
John  Hill  and  Elisha  Gunnison,  Oct.  26,  1733. 
John  Hill,  Elisha  Gunnison,  and  Joseph  Hill,  Feb.  14,  1733-34. 
Joshua  Moody,  Thomas  Smith,  Joseph  Sawyer,  Dec.  27,  1734. 
Peter  Nowell,  Jan.  12,  173S-39. 

John  Hill,  Joseph  Sawyer,  John  Storer,  April  8,  1743. 
John  Hill  and  Joshua  Moody,  March  21,  1744-45. 
John  Hill  and  Richard  Cutts,  Jr.,  June  27,  1747. 
John  Storer,  April  18,  1749,  and  June  21,  1751. 
Joseph  Sayer  and  Charles  Frost,  June  26, 1755. 
Joseph  Sayer,  Richard  Cutts,  John  Storer,  and  Daniel  Moulton, 

Nov.  20,  1761. 
Jonathan  Sayward,  March  18,  1772. 

PROVINCIAL   CONGRESS. 
From  Oct.  7,  1774,  to  July  19,  1775. 
Members  from  York  County :  York,  Daniel  Bragdon  ;  Kittery,  Ed- 
ward  Cutts,    Charles    Chauncey ;    Berwick,   Ichabod   Goodwin, 
William  Gerrish  ;  Wells,  Ebenezer  Sayer  ;  Arundel,  John  Hovey  ; 
Biddeford,  James  Sullivan. 

COUNTY  OFFICERS. 
CLERKS  OF  COURTS. 
Roger  Garde,  1640-45;  William  AValdron,  1645-49;  Basil  Parker, 
1649-52;  Edward  Rishworth,  1652-68;  Peter  Weare,«  1668-69; 
Edward  Rishworth,  1669-87;  Joseph  Hammond,  1687-1725; 
Charles  Frost,  1725-31;  John  Frost,  1731-68;  Timothy  Frost, 
1768-83;  J.  H.  Bartlett,  1783-93;  Daniel  Sewall,t  1793-94; 
Daniel  Sewall,  1794-1812;  Jeremiah  Bradbury,  1812-38;  Hiram 
H.  Hobbs,  1838-39  ;  Jeremiah  Bradbury,  1839-41 ;  Hiram  H. 
Hobbs,  1841-42  ;  William  Trafton,  1842^9  ;  James  0.  Molntire, 
1849-59;  Caleb  B.  Lord,  1859-68;  Hampden  Fairfield,  1868-71  ; 
Amos  L.  Allen,  1871-80. 

COUNTY   TREASURERS   SINCE    1812. 

Henry  Smith,  1812-31;  Samuel  Burbank,  1831-39;  Edmund  Cur- 
rier, 1839-42;  Simeon  Strout,  1842-45;  Isaac  Merrill,  1845-49; 
Alpheus  A.  Hanscom,  1849-52;  Oilman  L.  Bennett,  1852-54; 
Isaac  P.  Yeaton,  1854-55  ;  Benjamin  F.  Parks,  1855-56 ;  John 
Brackett,  1856-59 ;  Samuel  K.  Roberts,  1859-63 ;  Moses  Good- 

^  Peter  Weare  (Wyer),  appointed  by  Massachusetts  in  place  of  Ed- 
ward Rishworth,  who  sided  with  the  "  King's  Commissioners."  (1 
Williamson,  p.  434.)     Rishworth  was  restored  and  re-appointed. 

t  Assistant  clerk  in  1793. 


win,  1863-64;  Albion  K.  Gile,  1864-66;  Sylvester  Littlefield, 
1866-68  ;  Benjamin  Leavitt,  1868-69  ;  John  Hall,  1869-73;  Zo- 
phar  R.  Folsom,  1873-75  ;  Esrefi'  H.  Banks,  1875-77  ;  Richard 
H.  Coding,  1877-79;  Albion  K.  P.  Meserve,  1879-80. 


Henry  Norton,  York,  1653;  Nathaniel  Masterson,  Kittery,  1668;  Jos. 
Hammond  (declined),  Kittery,  1692 ;  Jonathan  Hammond,  Kit- 
tery, 1692  ;  Joseph  Curtis,  Kittery,  1702  ;  Charles  Frost,  Kittery, 
1706  ;  Abraham  Preble,  Jr.,  York,  1713  ;  John  Leighton,  Kittery, 
1715;  Jeremiah  Moulton,  York,  1724;  Jeremiah  Moulton,  Jr., 
York,  1752;  Jotham  Moulton,  York,  1771;  Johnson  Moulton, 
York,  1784;  Ichabod  Goodwin,  Berwick,  1793  ;  Isaac  Lane,  Hol- 
lis,  1811;  Ichabod  Goodwin,  Berwick,  1812;  William  Moody, 
Saco,  1820;  Josiah  W.  Leaver,  South  Berwick,  1824;  John 
Spring,  Saco,  1830;  Benjamin  J.  Herrick,  Alfred,  1831;  Israel 
Chadbourne,  Alfred,  1837;  John  A.  Morrill,  Limerick,  1838; 
Israel  Chadbourne,  Alfred,  1839;  John  A.  Morrill,  Limerick, 
1841;  Israel  Chadbourne,  Alfred,  1842:  Nathaniel  G.  Marshall, 
York,  1854;  Samuel  B.  Emery,  Sanford,  1856;  Nathaniel  G. 
Marshall,  York,  1857;  James  M.  Burbank,  Saco,  1859;  George 
Goodwin,  Wells,  1861 ;  James  M.  Burbank,  Saco,  1863;  Richard 
G.  Coding,  Acton,  1865;  Edmund  Warren,  Kennebunk,  1871; 
Thomas  Tarbox,  Buxton,  1875;  Robert  M.  Stevens,  Biddeford, 


1879. 


COUNTY   ATTORNEYS. 
bbard,  1807-9;    William   Pitt  Preble,   1811-14;    Dudley 


Dudley 

Hubbard,  1814-16;  Isaac  Lyman,  1816-20;  Rufus  Molntire, 
1820-27;  Joseph  Howard,  1827-37:  Joseph  W.  Leland,  1837; 
Edward  E.  Bourne,  1838  :  Joseph  W.  Leland,  1838-41 ;  Edward 
E.  Bourne,  1841;  John  T.  Paine,  1841-46;  Joseph  W.  Leland, 
1846-49;  Ira  T.  Drew,  1849-56;  Edwin  R.  Wiggin,  1856-59; 
Rufus  P.  Tapley,  1859-65;  Increase  S.  Kimball,  1865-68;  Caleb 
R.  Ayer,  1868-71;  George  C.  Yeaton,  1871-74;  Wilbur  F.  Lunt, 
1874-78;  Horace  H.  Burbank,  1878  :  William  Emery,  1879-82. 

JUDGES  OF  PROBATE. 
Joshua  Scottow,  1687-95;  Samuel  Wheelwright,;  1695-1700;  Joseph 
Hammond,!  1700-9;  Ichabod  Plaisted,]]  1709-15;  John  Wheel- 
wright, If  1715-45;  Jeremiah  Moulton,  1745-65;  John  Hill,  1765- 
72;  Jonathan  Sayward,  1772-75;  John  Bradbury,  1775-78; 
Joseph  Simpson,  1778-95;  Edward  Cutts,  1795-1807;  Stephen 
Thacher,  1807-18;  Jonas  Clark,  1818-28;  William  A.  Hayes, 
1828-47;  William  C.Allen,  1847-54;  Joseph  T.  Nye,  1854-56 
Edward  E.  Bourne,  1856-73;  Nathaniel  Hobbs,  1873-80. 

REGISTERS   OP   PROBATE. 

Thomas  Scottow,  1687-94;  Joseph  Hammond,  1694-1700;  Charles 
Frost,  1700-33;  Robert  Eliot  Gerrish,  173-3-44;  Simon  Frost, 
1744-65;  David  Sewall,  1765-82;  John  Sewall,  Jr.,  1782;  Daniel 
Sewall,  1782-1820;  George  Thacher,  Jr.,  1820-27;  William  C. 
Allen,  1827-40;  John  Skeele,  1841-42  ;  William  Hammond,  1842 
-49;  Joshua  Herrick,  1849-56;  Francis  Bacon,  1856-61;  George 
H.  Knowlton,  1861-69  ;  Horace  H.  Burbank,  1869-77  ;  Moses  A. 
Safford,  1877-80. 

REGISTERS   OP   DEEDS. 

Roger  Garde,  1642-47;  Edward  Rishworth,  1647-86;  Joseph  Ham- 
mond, 1686-1721;  Abraham  Preble,  1721-24;  Joseph  Moody, 
1724-34;  Jeremiah  Moulton,  1734-41;  Daniel  Moulton,  1741-86; 
WiUiam  Frost,  1786-1816;  Jeremiah  Goodwin,  1816-36;  Benja- 
min J.  Herrick,  1836-47;  Francis  Bacon,  1847-52;  Timothy 
Shaw,  Jr.,  1852-58;  Samuel  C.  Adams,  1858-63;  Samuel  Tripp, 
1863-73 ;  Asa  L.  Bicker,  1873-80. 

COUNTY   COMMISSIONERS. 
1831. — James  Ayer,5"S  David  Boyd. 
1832. — Charles  Bradbury,  David  Boyd,  James  Ayer. 
1833. — Charles  Bradbury,  James  Ayer,  David  Boyd. 
1834.— Charles  Bradbury,  David  Boyd,  Simon  Fogg. 

J  Died  in  office,  May  13,  1700.  ^  Died  in  office,  Feb.  20,  1709. 

II  Died  in  office,  Nov.  16,  1715.         %  Died  in  office,  August,  1745. 
*«  The  first  mentioned  in  each  year  is  the  chairman  of  the  board. 


LEGISLATURES  OF  MAINE. 


1835. — Stephen  Woodman,  Enoch  Wood,  Simeon  Strout. 

1836.— Stephen  Woodman,  Simeon  Strout,  Enoch  Wood. 

1837.— Simeon  Strout,  Jr.,  Enoch  Wood,  William  Hammond. 

1838.— Moses  Hubbard,  Thomas  Wentworth,  Jonathan  Piper. 

1839.— Simeon  Strout,  William  Hammond,  Enoch  Wood. 

1840.— Simeon  Strout,  Enoch  AVood,  William  Hammond. 

1841.— John  Powers,  Thomas  Carll,  Benjamin  C.  Libby. 

1842.— Joshua  Herrick,  Daniel  Pierce,  John  Bailey. 

1843.- Joshua  Herrick,  John  Bailey,  Daniel  Pierce. 

1S44.— John  Bailey,  Daniel  Pierce,  Moses  Sweat. 

1845-46.— John  Bailey,  Moses  Sweat,  Timothy  Shaw,  Jr. 

1847.- Moses  Sweat,  Timothy  Shaw,  Jr.,  Abner  Burbank. 

1848.— Timothy  Shaw,  Jr.,  Moses  Sweat,  Abner  Burbank. 

1849.— Moses  Sweat,  Timothy  Shaw,  Jr.,  Abner  Burbank. 

1850. — Abner  Burbank,  Timothy  Shaw,  Jr.,  James  Goodwin. 

1851.— Timothy  Shaw,  Jr.,  James  Goodwin,  George  Carll. 

1852.— Timothy  Shaw,  Jr.,  George  Carll,  James  Goodwin. 

1853.— James  Goodwin,  George  Carll,  Elisha  Bodwell. 

1854.— James  Goodwin,  Elisha  Bodwell,  George  Carll. 

1855.— George  Carll,  James  Goodwin,  Elisha  Bodwell. 

1856.— George  Carll,  Cotton  Bean,  Samuel  Mildram. 

1857.— Cotton  Bean,  Samuel  Mildram,  James  M.  Deering. 

1858. — Samuel  Mildram,  Cotton  Bean,  James  M.  Deering. 

1859.— James  M.  Deering,  Cotton  Bean,  Asa  Gowen. 

I860.— Cotton  Bean,  Asa  Gowen,  James  M.  Deering. 

1861. — Asa  Gowen,  James  M.  Deering,  John  Hemmingway. 

1862.— James  M.  Deering,  Asa  Gowen,  Alfred  Hull. 

1863.— Isaac  W.  Eaton,  Samuel  Hasty,  Asa  Gowen. 

1864.— Asa  Gowen,  Isaac  W.  Eaton,  Alfred  Hull. 

1865.— Isaac  W.  Eaton,  Alfred  Hull,  Clement  L.  Mildram. 

1866-67.- Alfred  Hull,  Clement  L.  Mildram,  Thomas  Quimby. 

1868.— Alfred  Hull,  Thomas  Quimby,  Horace  Parker. 

1869.— Thomas  Quimby,  Alfred  Hull,  Horace  Parker. 

1870.— Alfred  Hull,  Horace  Parker,  Cornelius  Sweetser. 

1871.— Alfred  Hull,  Cornelius  Sweetser,  Albert  G.  Hussey. 

1872.— Alfred  Hull,  Albert  G.  Hussey,  Dimon  Roberts. 

1873.— Albert  G.  Hussey,  Dimon  Roberts,  James  F.  Brackett. 

1874-75.— James  F.  Brackett,  Dimon  Roberts,  Joseph  Bragdon,  Jr. 

1876-77. — Joseph  Bragdon,  Jr.,  Dimon  Roberts,  James  F.  Brackett. 

1878. — James  F.  Brackett,  Joseph  Bragdon,  Wm.  H.  Deering. 

1879. — Joseph  Bragdon,  James  F.  Brackett,  Wm.  H.  Deering. 


CHAPTER    XXVL 

LEGISLATUKES  OP  MAINE. 

York  County  in  the  Senate  and  House  of  Representatives,  from 
to  1880. 


SENATE,    1820-2]. 


William  Moody,  Saeo. 
Alexander  Rice,  Kittery. 


John  McDonald,  Limerick. 
Josiah  W.  Seaver,  South  Berwick. 


OP    REPRESENTATIVES. 


Alfred,  Andrew  Conant. 
Arundel,  Simon  Nowell. 
Biddeford,  Samuel  Merrill. 
Berwick,  Nahum  Heard. 
Buxton,  Nathan  Elder. 
Cornish,  Benjamin  Dunn, 

Thomas  A.  Johnson. 
Eliot,  John  Hammond. 
Hollis,  John  Dennett. 
Kittery,  Mark  Dennett. 
Lebanon,  David  Le  Grow. 
Lyman,  John  Low. 
Limerick,  John  Bumham. 


Limington,  Nathaniel  Clark. 
Newfield,  James  Ayer. 
Parsonsfield,      David      Marston 

1821 ;  Rufus  Mclntyre. 
Saco,  John  F.  Scamman. 
Shapleigh,  John  Bodwell. 
Sanford,  Elisha  Allen. 
South  Berwick,  Joshua  Chase. 
Waterborough,  Henry  Hobbs. 
Wells,   Joseph    Moody,    Nahun 

Merrill. 
York,  Elihu  Bragdon,  Alexande 

Mclntire. 


SENATE,'  1822. 
John  McDonald,  Limerick.  Josiah  W.  Seaver,  £ 

Mark  Dennett,  Kittery. 


HOUSE   OP   REPRESENTATIVES. 


Alfred,  Andrew  Conant. 
Buxton,  Nathan  Elder. 
Berwick,  William  Hobbs. 
Biddeford,  Isaac  Emery. 
Eliot,  John  Hammond. 
Hollis,  Abijah  Usher. 
Kittery,  Joshua  T.  Chase. 
Kennebunk,  Joseph  Moody. 


Kennebunkport,  Simon  Nowell.         Wells,  Nahu 


Limington,  Nathaniel  Clark. 
Lyman,  Thomas  Sands. 
Limerick,  Edmund  Hayes. 
Parsonsfield,  Samuel  Fox. 
South  Berwick,  Wm.  A.  Hayes. 
Saco,  George  Scamman. 
Sanford,  John  Frost  (2d). 
Shapleigh,  Enoch  Wood. 


Morrill. 


John  McDonald 
Mark  Dennett,  Kittery 


SENATE,    1823. 
rick.  Ellis  B.  Usher,  Hollis. 


HOUSE   OF   REPRESENTATIVES. 


Alfred,  John  Sayward. 
Buxton,  Nathan  Elder. 
Berwick,  Joseph  Prime. 
Biddeford,  Isaac  Emery. 
Cornish,  Benjamin  Thompson. 
Eliot,  John  Hammond. 
Hollis,  Stephen  Hopkinson. 
Kittery,  Joshua  T.  Chase. 
Kennebunk,  George  W.  Walling- 
ford. 


Kennebunkport,  Simon  Nowell. 
Limington,  Nathaniel  Clark. 
Lyman,  Thomas  Sands. 
Newfield,  Simeon  Moulton. 
Parsonsfield,  Samuel  Fox. 
Saeo,  George  Scamman. 
Shapleigh,  John  Bodwell. 
Waterborough,  Phinehas  Picker. 
York,  Alexander  Mclntire. 


SENATE,   1824. 


John  McDonald,  Limeric 
Mark  Dennett,  Kittery. 


Ellis  B.  Usher,  Hollii 


HOUSE    OP   REPRESENTATIVES. 


Alfred,  John  Sayward. 
Buxton,  Nathaniel  Elden. 
Berwick,  William  Hobbs. 
Biddeford,  Seth  Spring. 
Cornish,  Jonah  Dunn. 
Hollis,  Stephen  Hopkinson. 
Kittery,  Joshua  T.  Chase. 
Kennebunk,  Joseph  Dane. 
Kennebunkport,  Simon  Nowell. 
Limington,  Nathaniel  Clark. 


Lyman,  Thomas  Sands. 
Limerick,  Edmund  Hayes. 
Newfield,  Gamaliel  E.  Smith. 
Parsonsfield,  Moses  Sweat. 
South  Berwick,  Benj.  Greene. 
Saco,  John  Spring. 
Shapleigh,  Enoch  Wood. 
Watei  borough,  Phinehas  Bicker. 
Wells,  Nahum  Morrill. 
York,  Alexander  Mclntire. 


George  Scamman,  Saco. 
John  W.  Parsons. 


SENATE,    1825. 

Joseph  Prime,  South  Berwick. 


HOUSE   OP   REPRESENTATIVES. 


Alfred,  Daniel  Goodenow. 
Buxton,  Joseph  Hobson,  Jr. 
Berwick,  William  Weymouth. 
Biddeford,  Seth  Spring. 
Cornish,  Simeon  Pease. 
Eliot,  John  Hammond. 
Hollis,  John  Smith. 
Kittery,  Joshua  T.  Chase. 
Kennebunk,  Joseph  Dane. 
Kennebunkport,  Robert  Towne. 
Limington,  Simeon  Strout,  Jr. 


Lyman,  Nathaniel  HilL 
Limerick,  Simeon  Fogg. 
Lebanon,  Samuel  Pray. 
Newfield,  James  Ayer. 
Parsonsfield,  Moses  Sweat. 
South  Berwick,  Nathaniel  Low. 
Saco,  John  Spring. 
Waterborough,  Phinehas  Ricker 
Wells,  Nahum  Morrill. 
York,  EUhu  Bragdon. 


SENATE,    1826. 
George  Scamman,  Saco.  Nathan  Elden,  Buxton. 

Joseph  Prime,  South  Berwick. 


HOUSE   OP   REPRESENTATIVES. 


Alfred,  John  Sayward,  Jr. 
Buxton,  Samuel  Hill. 
Berwick,  William  Weymouth. 
Biddeford,  Seth  Spring. 
Cornish,  Simeon  Pease. 
Eliot.  William  Fogg. 


Hollis,  John  Smith. 
Kittery,  Joshua  T.  Chase. 
Kennebunk,  Edward  E.  Bourne. 
Kennebunkport,  Danl.  W.  Lord. 
Limington,  Simeon  Strout,  Jr. 
Lyman,  Nathaniel  Hill. 


HISTORY   OF  YORK   COUNTY,  MAINE. 


Limerick,  Jonathan  Hayes. 

Sanford,  John  Powers. 

Lyman.  Nathaniel  Hill. 

South  Berwick,  Thomas  Goodwin 

Lebanon,  Samuel  Pray. 

Shapleigh,  John  Trafton. 

Newfield,  Gamaliel  E.  Smith. 

(:m). 

Newfield,  Gamaliel  E.  Smith. 

Waterborough,  Phinehas  Ricker. 

Parsonsfield,  Abner  Kezar. 

Wells,  Nicholas  Gilman. 

Parsonsfield,  Noah  Weeks. 

Wells,  Nicholas  Gilman. 

Saco,  George  Scammon. 

York,  Cotton  Chase. 

South  Berwick,  Joshua  Roberts. 

York,  Elihu  Bragdon. 

Sanford,  John  Powers. 

Saoo,  George  Parcher. 

SENATE,  1831. 

SENATI 

,  1827. 

Moses  Sweat,  Parsonsfield. 
Benjamin  Pike,  Cornish. 

James  Goodwin,  Eliot. 

Mark  Dennett,  Kittery. 

Isaac  Emery,  Biddeford. 

Moses  Sweat,  Parsonsfield. 

HOUSE    OF    REPRESENTATIVES. 

HOUSE   OF   REPRESENTATIVES. 

Alfred,  Benjamin  J.  Herrick. 
Buxton,  Joseph  Hobson. 

Limerick,  John  Sanborn. 
Lebanon,  Nathan  Lord,  Jr. 

Alfred,  Daniel  Goodenow. 

Limerick,  Simon  Fogg. 

Berwick,  Richard  Shapleigh. 

Newfield,  Nathan  CliS'ord. 

Buxton,  Samuel  Hill. 

Lebanon,  Samuel  Pray. 

Biddeford,  Samuel  Emery. 

Parsonsfield,  John  Bailey. 

Berwick,  William  Weymouth. 

Newfield,  Gamaliel  E.  Smith. 

Cornish,  Edmund  Trafton. 

Saco,  David  Fernald. 

Biddeford,  Samuel  Pierson. 

Parsonsfield,  Noah  Weeks. 

Eliot,  Timothy  Spinney. 

Sanford,  John  Powers. 

Cornish,  Simeon  Pease. 

South  Berwick,  Joshua  Roberts. 

Hollis,  Jabez  Bradbury. 

South  Berwick,  Thomas  Goodwin 

Eliot,  William  Fogg. 

Saco,  George  Parcher. 

Kittery,  John  Wentworth. 

(.3d). 

Hollis,  John  Dennett. 

Sanford,  Timothy  Shaw. 

Kennebunk,  Edward  E.  Bourne. 

Shapleigh,  Elisha  Bodwell. 

Kittery,  Joshua  T.  Chase. 

Shapleigh,  John  Trafton. 

Kennebunkport,  J.  G.  Perkins. 

Waterborough,  Henry  Hobbs. 

Kennebunk,  Edward  E.  Bourne. 

Waterborough,  Henry  Hobbs. 

Limington,  Nathaniel  Clark. 

Wells,  Nicholas  Gilman. 

Kennebunkport,  Danl.  W.  Lord. 

Wells,  Nicholas  Gilman. 

Lyman,  Nathaniel  Hill. 

York,  Alexander  Mclntire. 

Limington,  Aaron  Haggins. 

York,  Charles  0.  Emerson. 

Lyman,  Nathaniel  Hill. 

SE.VATE,  1832. 

SENATE 

,    1828. 

Moses  Sweat,  Parsonsfield. 

James  Goodwin,  Eliot. 

Mark  Dennett,  Kittery. 

Isaac  Emery,  Biddeford. 

Benjamin  Pike,®  Cornish. 

Horace  Porter,  Kennebunk. 

Moses  Sweat,  Parsonsfield. 

HOUSE   OF   REPRESENTATIVES. 

HOUSE   OF   REPRESENTATIVES. 

Acton,  John  Bodwell. 
Alfred,  John  Sayward,  Jr. 

Limerick,  Daniel  Perry. 
Limington,  Simeon  Strout,  Jr. 

Alfred,  John  Sayward,  Jr. 

Limerick.  Simeon  Fogg. 

Berwick,  Richard  Shapleigh. 

Lyman,  James  W.  Roberts. 

Buxton,  William  Waterman. 

Lebanon,  T.  M.  Wentworth,  Jr. 

Biddeford,  Samuel  Emery. 

Newfield,  Nathan  Clifi-ord. 

Berwick,  William  Weymouth. 

Newfield,  Gamaliel  E.  Smith. 

Buxton,  Joseph  Hobson. 

Parsonsfield,  John  Bailey. 

Biddeford,  Seth  Spring. 

Parsonsfield,  Abner  Kezar. 

Cornish,  Edmund  Trafton. 

Saco,  David  Fernald. 

Cornish,  Philip  Hubbard. 

South  Berwick,  T.  Goodwin  (3d). 

Eliot,  Stephen  Jenkins. 

Sanford,  Timothy  Shaw. 

Eliot,  James  Goodwin. 

Saco,  George  Parcher. 

Hollis,  Moses  Sweat. 

Sh.apleigh,  Elisha  Bodwell. 

Hollis,  Abijah  Usher,  Jr. 

Sanford,  Timothy  Shaw. 

Kennebunk.  Joseph  Dane. 

South  Berwick,  John  P.  Lord. 

Kittery,  Joshua  T.  Chase. 

Shapleigh,  Aaron  Hubbard. 

Kennebunkport,  Eph.  Perkins. 

Waterborough,  Orlando  Bagley. 

Kennebunk,  Edward  S.  Bourne. 

Waterborough,  Andrew  Roberts. 

Kittery,  John  Wentworth. 

Wells,  Seth  Hatch. 

Kennebunkport,  Danl.  W.  Lord. 

Wells,  Nicholas  Gilman. 

Lebanon,  Moses  Pray. 

York,  Nathaniel  Webber. 

Limington,  Nathaniel  Clark. 

York,  Charles  0.  Emerson. 

Lyman,  Nathaniel  Hill. 

SENATE 

1833. 

SENATE 

,  1829. 

Charles  N.  Cogswell,  South  Ber- 

Jabez Bradbury,  Buxton. 

Joseph  Dane,  Kennebunk. 

Abijah  Usher,  Jr.,  Hollis. 

wick. 

Simeon  Pease,  Cornish. 

John  Bodwell,  Acton. 

HOUSE   OF   REPRESENTATIVES. 

HOUSE    OF   REPRESENTATIVES. 

Alfred,  John  Holmes  (resigned) ; 
Nathan  D.  Appleton  (chosen 

Limington,  Nathaniel  Clark. 
Limerick,  John  Sanborn. 

Acton,  John  Brackett. 
Alfred,  George  W.  Came. 
Biddeford,  Samuel  Emery. 

Limington,  Ezekiel  Small. 
Lyman,  James  W.  Roberts. 
Newfield,  Niithan  Clifford. 

in  his  place). 
Berwick,  Richard  Shapleigh. 
Biddeford,  Daniel  Deshon. 
Buxton,  Samuel  Sands. 
Cornish,  Philip  Hubbard. 
Eliot,  James  Goodwin. 
Hollis,  Jabez  Bradbury. 
Kittery,  Joshua  T.  Chase. 
Kennebunk,  Edward  E.  Bourne. 
Kennebunkport,  Danl.  W.  Lord. 
Lebanon,  T.  M.  Wentworth,  Jr. 

Lym.in,  Nathaniel  Hill. 
Newfield,  Gamaliel  E.  Smith. 
Parsonsfield,  Abner  Kezar. 
S.1C0,  Gideon  Tucker. 
Sanford,  John  Powers. 
Shapleigh,  Aaron  Hubb.ard. 
South  Berwick,  Theo.  F.  Jewett. 
Wells,  Nicholas  Gilman. 
Waterborough,  Andrew  Roberts. 
York,  Charles  0.  Emerson. 

Buxton,  Stephen  Woodman,  Jr. 
Cornish,  William  Johnson. 
Eliot,  Seth  Jenkins. 
Hollis,  Moses  Sweat. 
Kennebunk,  Joseph  Dane. 
Kennebunkport,    Ephraim    Per- 
kins. 
Kittery,  Joshua  T.  Chase. 
Lebanon,  Moses  Pray. 
Limerick,  John  A.  Morrill. 

North    Berwick,   William    Wey- 
mouth. 
Parsonsfield,  James  W.  Weeks. 
Saco,  David  Fernald. 
Sanford,  Timothy  Shaw. 
Shapleigh,  Simon  Ross. 
South  Berwick,  John  P.  Lord. 
Waterborough,  Henry  Hobbs. 
Wells,  Theodore  Clark. 
York.  Nathaniel  Webber. 

SENATE 

,  1830. 

SENATE 

1834. 

John  BodweU,  Acton. 
Abijah  Usher,  Jr.,  Hollis. 

Nathan  D.  Appleton,  Alfred. 

Charles  N.  Cogswell,  South  Ber- 

Simeon  Pease,  Cornish. 
Jabez  Bradbury,  Buxton. 

HOUSE   OF  REPRESENTATIVES. 

HOUSE   OF   REPRESENTATIVES. 

Alfred,  Daniel  Goodenow. 
Berwick,  Richard  Shapleigh. 
Biddeford,  Daniel  Deshon. 
Cornish,  John  S.  Wedgwood. 
Eliot,  Timothy  Spinney. 

Kittery,  John  Wentworth. 
Kennebunk,  Edward  E.  Bourne, 
kennebunkport,  Jon.  Stone,  Jr. 
Limington,  Nathaniel  Clark. 
Limerick,  John  Sanborn. 
Lebanon,  Nathan  Lord,  Jr. 

Acton,  John  Brackett. 
Alfred,  John  Plummer. 
Biddeford,  Samuel  Emery. 
Buxton,  Stephen  Woodman,  Jr. 
Cornish,  William  Johnson. 

Eliot,  William  Hammond. 
Hollis,  William  Hobson. 
Kennebunk,  Jeremiah  Lord. 
Kennebunkport,  Eph.  Perkins. 
Kittery,  Joshua  T.  Chase. 

Hollis,  Jabez  Bradbury. 

*  Died  in  January.     Horace  Porter  elected  to  fill  his  place. 

LEGISLATURES  OP  MAINE. 


109 


Limerick,  Daniel  Perry. 
Limington,  Ezekiel  Small. 
Lyman,  EJmund  Currier. 
Newfield,  Nathan  Clifford 

(speaker). 
North  Berwick,  Moses  Hubbard. 
Parsonsfield,  James  W.  Weeks. 


Saoo,  Cotton  Bradbury. 
Sanford,  Timothy  Shaw. 
Shapleigh,  Simon  Ross. 
South  Berwick,  Josiah  W.  Seav 
Waterborough,  John  Hill. 
Wells,  Samuel  Mildram. 
York,  Alexander  Mclntire. 


Alexander  Mclntire,  York. 
Nathaniel  Clark,  Limington 


SENATE,    1835. 
Frederi 


HOUSE    OF    REPRESENTATIVES. 


Acton,  Aaron  Hubbard. 
Alfred,  John  Holmes. 
Biddeford,  Ezra  Dean. 
Buxton,  Stephen  Woodman. 
Cornish,  Augustus  Johnson. 
Eliot,  William  Hammond. 
Hollis,  William  Hobson. 
Kennebunk,  James  Lord. 
Kcnnebunkport,    John    G.  Per- 
kins. 
Kittery,  Roger  Deering,  Jr. 
Limerick,  John  A.  Morrill. 
Limington,  Henry  Small. 


Lebanon,  Aaron  Ricker. 
Lyman,  Robert  Cousins. 
Newfield,  Joseph  Dane. 
North  Berwick,  James  Stuart. 
Parsonsfield,  James  W.  Weeks. 
Saco,  Cotton  Bradbury. 
Sanford,  John  Powers. 
Shapleigh,  John  Gowen. 
South  Berwick,  Charles  J.  Good- 
win. 
Waterborough,  Henry  Hobbs. 
Wells,  Samuel  Mildram. 
York,  Solomon  Brooks. 


SENATE,    1836. 
Alexander  Mclntire,  York.  Frederic  Greene,  Saco. 

Nathaniel  Clark,  Limington. 

HOUSE    OF    REPRESENTATIVES. 


Acton,  John  Brackelt. 
Alfred,  John  Holmes. 
Berwick,  Frederick  Cogswell. 
Biddeford,  Ezra  Dean. 
Buxton,  Tobias  Lord. 
Cornish,  Thomas  W.  O'Brien. 
Eliot,  Andrew  Leighton. 
Hollis,  Thomas  C.  Lane. 
Kennebunk,  James  Lord. 
Kcnnebunkport,    John    G.    I 

kins. 
Kittery,  Roger  Deering,  Jr. 


Lebanon,  Aaron  Ricker. 
Limerick,  Philip  Chadbourne. 
Limington,  Henry  Small. 
Lyman,  Robert  Cousins. 
Newfield,  Joseph  Dane. 
Parsonsfield,  Rufus  Mclntire. 
Saco,  Moses  Emery. 
Sanford,  Timothy  Shaw. 
Shapleigh,  Elisha  Bodwell. 
Waterborough,  William  Cook. 
Wells,  Samuel  Mildram. 
York,  Josiah  Chase. 


SENATE,    1837. 
Samuel  Mildram,  Wells.  Levi  J.  Ham,  Newfield. 

Stephen  Woodman,  Buxton. 

HOUSE    OF    REPRESENTATIVES. 


Acton,  Aaron  Hubbard. 
Alfred,  John  Holmes. 
Biddeford,  Elisha  Perkins. 
Buxton,  Abraham  L.  Came. 
Cornish,  Augustus  Johnson. 
Eliot,  Levi  J.  Shapleigh. 
Hollis,  Tomas  Carll.« 
Kennebunk,  Tobias  Walker. 
Kcnnebunkport,  William  Patten. 
Kittery,  Roger  Deering. 
Limerick,  Simeon  Barker. 
Limington,  Cephas  Meeds. 


Lyman,  Jacob  Waterhouse. 
Newfield,  Moses  Ayer. 
North  Berwick,  Daniel  Clark. 
Parsonsfield,  Harvey  M.  Towle 
Saco,  Moses  Emery. 
Sanford,  John  T.  Paine. 
Shapleigh,  John  Gowen. 
South  Berwick,  Josiah  W.  Seave 
Waterborough,  William  Cook. 
Wells,  Theodore  Wells. 
York,  Solomon  Brooks. 


SENATE,    1838. 
Samuel  Mildram,  Wells.  Levi  J.  Ham,  Limington. 

Stephen  Woodman,  Buxton. 

HOUSE    OF  REPRESENTATIVES. 
Acton,  Asa  Brackett.  Buxton,  Abraham  L.  Came. 

Alfred,  George  W.  Came.  Cornish,  Thomas  W.  O'Brien. 

Biddeford,  Ichabod  Jordan.  Eliot,  Levi  J.  Shapleigh. 

«-  Should  be  Carle. 


Hollis,  Thomas  Carle. 
Kennebunk,  James  Lord. 
Kcnnebunkport,  William  Patten. 
Kittery,  Daniel  Frisbee. 
Lebanon,  Increase  S.  Kimball. 
Limerick,  Simeon  Barker. 
Limington,  George  S.  Lord. 
Lyman,  Benjamin  Dudley. 
Newfield,  Moses  Ayer. 


North  Berwick,  Wilson  Hobbs. 
Parsonsfield,  Harvey  M.  Towle. 
Saco,  Abel  Hersey. 
Sanford,  John  T.  Paine. 
Shapleigh,  Elisha  Bodwell. 
South  Berwick,  William  Hight. 
Waterborough,  William  Cook. 
Wells,  Charles  A.  Mildram. 
York,  Solomon  Brooks. 


SENATE,    1839. 


Timothy  Shaw,  Sanford. 
Simeon  Barker,  Limerick. 


John    6.    Perkins,    Kennebunk- 


HOUSE    OF    REPRESENTATIVES. 


Acton,  Asa  Brackett. 
Alfred,  William  C.  Allen. 
Berwick,  Charles  E.  Bartlett. 
Biddeford,  Harrison  Lowell. 
Buxton,  William  Foss. 
Cornish,  Samuel  Trafton. 
Eliot,  Nath'l  Hanscomh  (.Sd). 
Hollis,  Nathaniel  J.  Miller. 
Kennebunk,  Joseph  Dane. 
Kcnnebunkport,  James  Perkins. 
Kittery,  Daniel  Frisbee. 
Lebanon.  Increase  S.  Kimball. 


Limerick,  Abner  Burbank. 
Limington,  George  S.  Lord. 
Lyman,  Benjamin  Dudley. 
Newfield,  Daniel  Tyler. 
Parsonsfield,  Gilman  L.  Bennett. 
Saco,  Abel  Hersey. 
Sanford,  John  T.  Paine. 
Shapleigh,  Stephen  Webber. 
South  Berwick,  William  Hight. 
Waterborough,  Isaac  Deering. 
Wells,  Samuel  Mildram. 
York,  William  Mclntire. 


SENATE,    1840. 
y  Shaw,  Sanford.  John    G.    Perkin 

Barker,  Limerick.  port. 

HOUSE    OF    REPRESENTATIVES. 


Acton,  Samuel  Thompson. 
Alfred,  Lyman  Littlefield. 
Biddeford,  Tristram  Goldthwai 
Buxton,  William  Foss. 
Cornish,  Samuel  Trafton. 
Eliot,  Nathaniel  Hanscom. 
Hollis,  Nathaniel  J.  Miller. 
Kennebunk,  Joseph  Dane. 
Kcnnebunkport,  James  Perkin 
Kittery,  Daniel  Jones. 
Lebanon,  Thomas  Wentworth. 
Limerick,  Abner  Burbank. 


Lyman,  .Jesse  Kimball. 
Newfield,  Samuel  Dane. 
North   Berwick,    Levi    Hanscoi 

(3d). 
Parsonsfield,  Gilman  L.  Bennet 
Saco,  Jonathan  Tucker. 
Sanford,  John  T.  Paine. 
Shapleigh,  Stephen  Webber. 
South  Berwick,  John  P.  Lord. 
Waterborough,  Isaac  Deering. 
Wells,  Joseph  M.  Littlefield. 
York,  William  Mclntyre. 


,ington 


SENATE,    1841. 


Gilman  L.  Bennett,  Parsonsfield.       Thos.  Goodwin  (2d),  South  Ber- 
Thomas  C.  Lane,  Hollis.  wick. 


HOUSE    OP    REPRESENTATIVES. 


Acton,  Rufus  W.  Brackett. 
Alfred,  Lyman  Littlefield. 
Berwick,  Charles  E.  Bartlett. 
Biddeford,  Tristram  Goldthwaite. 
Buxton,  Oliver  Dow. 
Cornish,  John  Bradeen. 
Eliot,  John  P.  Rogers. 
Hollis,  Nathaniel  J.  Miller. 
Kennebunk,  William  M.  Bryant. 
Kcnnebunkport,  Wm.  Huff,  Jr. 
Kittery,  Daniel  Jones. 
Lebanon,  Thomas  Wentworth. 


Limerick,  Moses  McDonald. 
Limington,  James  Frost. 
Lyman,  Jesse  Kimball. 
Newfield,  Samuel  Dam. 
Parsonsfield,  Jonathan  Tuck. 
Saco,  Jonathan  Tucker. 
Sanford,  John  T.  Paine. 
South  Berwick,  Joseph  Prime. 
Shapleigh,  Levi  Bragdon. 
AVaterborough,  Isaac  Deering. 
Wells,  Joseph  M.  Littlefield. 
York,  Solomon  Brooks. 


Thomas  C.  Lane,  Hollis. 

Thos.  Goodwin,  South  Berwick. 


SENATE,    1842. 

Elisha  Bodwell,  Shapleigh. 


HOUSE   OF  REPRESENTATIVES. 

Biddeford,  Edmund  Perkii 


,  Samuel  Thompson, 
ck,  Charles  E.  Bartlett, 


HISTORY  OF  YORK   COUNTY,  MAINE. 


Eliot,  John  P.  Rogers. 
Hollis,  Isaac  Merrill.* 
Kennebunk,  Abel  M.  Bryant. 
Kennebunkport,  Wm.  Huff,  Jr. 
Kittery,  Charles  G.  Bellamy. 
Lebanon,  Nathan"!  Chamberlain 
Limerick,  Moses  McDonald. 
Limington,  James  Frost. 
Lyman,  James  Nason. 


Newfield,  Levi  Bragdou. 
Parsonsficld,  Jonathan  Tuck. 
Saco,  Frederic  Greene. 
Sanford,  Nehemiah  Butler. 
South  Berwick,  C.  N.  Cogswell. 
Waterborough,  John  Hill. 
Wells,  Amos  Sargent. 
York,  Theodore  Wilson. 


SENATE,    1843. 
Elisha  Bodwell,  Shapleigh.  Harrison  Lowell,  Biddeford. 

Soloman  Brooks,  York. 

HOUSE    OF    REPRESENTATIVES. 

Biddeford,  Samuel  Merrill.  Parsonsficld,  John  Mudgett. 

Buxton,  Charles  Watts.  Saco,  Arthur  Milliken. 

Kennebunk,  Abel  M.  Bryant.  Shapleigh,  Ivory  Bragdon. 

Kennebunkport,  C.  Bradbury.  South  Berwick,  Jed.  Goodwin. 

Kittery,  Charles  G.  Bellamy.  Waterborough,  Nathaniel  Emery. 

Lebanon,  Frederick  A.  Wood.  Wells,  Samuel  Mildram. 

Newfield,  James  McLellan,  Jr.  York,  Theodore  Wilson. 
North  Berwick,  Humphrey  Fall. 

SENATE,    1844. 
Harrison  Lowell,  Biddeford.  Solomon  Brooks,  York. 

Isaac  Deering,  Waterborough. 

HOUSE  OF  REPRESENTATIVES. 

Acton,  Horace  Bodwell.  Kittery,  Jeremiah  S.  Remick. 

Alfred,  William  C.  Allen.  Kennebunkport,  C.  Bradbury. 

Berwick,  Samuel  W.  Fox.  Lyman,  Isaac  C.  Emmons. 
Biddeford,  Tristram  Goldthwaite.      Parsonsficld,  John  Mudget. 

Buxton,  Charles  Watts.  Saco,  Gideon  Tucker. 

Cornish,  Hiram  Remick.  Sanford,  Stephen  Dorman. 


Eliot,  James  Goodwi 
Hollis,  Miles  W.  Stu 


,  Samuel  Mildr 
Josiah  Chase. 


SENATE,  1845. 


Isaac  Deering,  Waterborough. 
Frederic  A.  Wood,  Lebanon. 


James  Osborn,t  Kennebunk. 
Benj.  F.  Mason,  Kennebunkport. 


HOUSE   OF   REPRESENTATIVES. 

Alfred,  William  C.  Allen.  North  Berwick,  Humphrey  Fall. 

Biddeford,  Amaziah  Emery.  Parsonsficld,  Alvah  Doe. 

Buxton,  Ansel  Merrill.  Saco,  Ebenezer  Scamman. 

Kittery,  Richard  Rogers.  Shapleigh,  George  Ileald. 

Kennebunkport,  Jos.  Burnham.  South  Berwick,  Rufus  Thurrill. 

Limerick,       Moses       McDonald  Waterborough,  Jas.  M.  Burbank. 

(speaker).  Wells,  Samuel  Mildram. 

Limington,  Peter  Chick.  York,  Nathaniel  Webber. 


SENATE,  1846. 


William  C.  Allen,  Alfred. 
Charles  G.  Bellamy,  Kittery. 


HOUSE    OP    REPRESENTATIVES. 


Acton,  John  Leary,  Jr. 
Berwick,  Samuel  W.  Fox. 
Biddeford,  William  Berry. 
Buxton,  John  Milliken. 
Hollis,  Miles  W.  Stuart. 
Kittery,  Richard  Rogers. 
Kennebunk,  Tobias  Walker. 
Kennebunkport,  Jos.  Burnha 


Charles  G.  Bellamy,  Kittery. 
William  P.  Haines,^  Saco. 


Lyman,  Edmund  Currier. 
Newfield,  John  Moore. 
Parsonsficld,  Alvah  Doe. 
Saco,  Gideon  Tucker. 
Sanford,  Samuel  Tripp. 
South  Berwick,  John  Hubbar 
Wells,  John  Perkins. 
York,  Samuel  Webber. 


Andrew  Leighton,  '. 


*  In  place  of  Samuel  Bradley,  resigned. 

t  Resigned  in  April;  Benjamin  F.  Mason  elected  to  fill 

J  Vice  Levi  J.  Ham,  of  Limington,  declined. 

b  Vice  Moses  McDonald,  elected  State  treasurer. 


HOUSE    OF    REPRESENTATIVES. 

Alfred,  Nathaniel  D.  Appleton.  Limington,  John  M.  Foss. 

Biddeford,  William  Berry.  North  Berwick,  Abra'm  Junkinf 

Buxton,  Abram  L.  Came.  Parsonsficld,  John  P.  Bennett. 

Cornish,  Enoch  Weseott.  Saco,  Daniel  Smith,  Jr. 

Eliot,  William  Fogg.  Shapleigh,  Moses  Goodwin,  Jr. 

Kittery,  Benning  Wilson.  Waterborough,  Ira  T.  Drew. 

Kennebunkport.  Jno.  L.  Perkins.  AVells,  Joseph  Perkins. 

Lebanon,  Nahum  Goodwin.  Y'ork,  Samuel  Webber. 


SENATE,  1848. 

Samuel  W.  Fox,  Berwick. 


1  Dyer  (3d),  Saco. 
)rew,  Waterborough 


HOUSE    OP    REPRESENTATIVES. 

Acton,  Hezekiah  Trafton.  Kittery,  Benning  Wilson. 

Alfred,  Nathan  D.  Appleton.  Limerick,  Robert  Cole. 

Berwick,  Alexander  Junkins.  Lyman,  Magness  J.  Smith. 

Biddeford,  Moses  Bradbury.  Parsonsficld,  John  P.  Benm 

Buxton,  John  Milliken.  Saco,  Daniel  Smith,  Jr. 

Eliot,  Oliver  Clark.  Sanford,  Nathaniel  Hohhs. 

Hollis,  Jacob  McDonald,  Jr.  Wells,  Nathaniel  Hilton. 

Kennebunkport,  Jno.  L.  Perkins.  Y'ork,  George  W.  Freeman. 


SENATE,  1849. 


Daniel  Dam,  Newfield. 
Samuel  W.  Fox,  Berwic 


HOUSE    OP  REPRESENTATIVES. 

Biddeford,  Moses  Bradbury.  North  Berwick,  Isaac  M.  Hobbs. 

Buxton,  Robert  Wentworth.  Parsonsficld,  Jacob  Marston. 

Kennebunk,  Tobias  Walker.  Saco,  Alonzo  Hamilton. 
Kennebunkport,  Nath.  Mitchell.        Shapleigh,  Elias  Ham. 

Kittery,  John  R.  Haley.  South  Berwick,  Wm.  L.  Foote. 

Lebanon,  Oliver  Hanscom.  Waterborough,  Sam'l  Webber,  Jr. 

Limington,  Cephas  Meeds.  York,  George  M.  Freeman. 

Newfield,  Nathan  M.  Loud.  Wells,  Nathaniel  Hilton. 


Daniel  Dam,  Newfield. 
Joseph  Titcomb,  Keunebi 


SENATE,  1850. 

Shelden  Hobbs, 


HOUSE   OF   REPRESENTATIVES. 

Acton,  George  W.  Lord.  Kittery,  John  R.  Haley. 

Alfred,  Archibald  Smith.  Lyman,  Wm.  Waterhouse,  Jr. 

Berwick,  Alexander  Junkins.  Parsonsficld,  Jacob  Marston. 

Biddeford,  Richard  M.  Chapman.  Saco,  Gideon  Tucker. 

Buxton,  Stephen  Lane.  Sanford,  Ichabod  Frost. 

Cornish,  Thurston  P.  McKusiok.  South  Berwick,  M.  F.  Goodwin. 

Hollis,  John  M.  Goodwin.  Wells,  Christopher  Littlefield. 

Kennebunkport,  Nath.  Mitchell.  York,  Alexander  Dennett. 

SENATE,  1851-52.11 

Shelden  Hobbs,  North  Berwick.        Samuel  C.  Adams,  Newfield. 
Joseph  Titcomb,  Kennebunk. 

HOUSE   OP  REPRESENTATIVES. 

Biddeford,  Richard  M.  Chapman.  North  Berwick,  Isaac  M.  Hobbs. 

Buxton,  Stephen  Lane.  Parsonsficld,  John  Kezar. 

Kennebunk,  Samuel  Mitchell.  Saco,  John  Boothby. 

Kennebunkport,  Ed.  Currier,  Jr.  Shapleigh,  Thomas  Garvin. 

Kittery,  Edward  D.  Safford.  South  Berwick,  Isaac  Yeaton. 

Lebanon,  Oren  B.  Cheney.  Waterborough,  Samuel  Roberts. 

Limerick,  James  M.  Buzzell.  Wells,  Christopher  Littlefield. 

Limington,  James  W.  Joy.  York,  Alexander  Dennett. 

II  The  same  Legislature  held  over  to  1852  without  a  new  election,  in 
order  to  change  the  session  from  May  to  January. 


LEGISLATURES  OF  MAINE. 


Luther  S.  Moore,  Liu 
William  Mclntire,  Yt 


SENATE,  1853. 
ick.  Nathaniel  M.  Towle,  Saeo. 

Samuel  C.  Adams,*  NewflelJ. 


SENATE,    1858. 
Seth  Scamman,  Saoo.  Samuel  W.  Jones,  Lebanon. 

Nathan  Dane,  Alfred. 


HOUSE    OF   REPRESENTATIVES 
Aeton,  Joshua  Kanisdell. 


Berwick,  Samuel  Stillings. 
Biddeford,  Joseph  Staples  (2d). 
Buxton,  James  Morton. 
Eliot,  George  A.  Hammond. 
HoUis,  James  Warren. 
Limington.  James  W.  Joj. 
Kennebunk,  Joseph  Titcomb. 


Kennebunkport,  Ed.  Currier,  Jr 
Kittery,  Edward  D.  S.lfford. 
Parsonsfield,  John  Kezar. 
Saco,  Abraham  Cutter. 
Sanford,  Charles  0.  Lord. 
Waterborough,  Porter  Hamilton 
Wells,  Nason  M.  Hatch. 
York,  George  Bowden, 


Luther  S.  Moore,  Limerick, 
William  Mclntire,  York. 


SENATE,    1854. 

Thomas  M.  Hayes,  Sa 


HOUSE   OP   REPRESENTATIVES. 


Alfred,  Benj.  P.  Chadbourne. 
Biddeford,  James  Welch. 
Buxton,  James  Morton. 
Kennebunkport,  James  M.  Stu 
Kittery,  Daniel  Pierce. 
Lebanon,  William  Emery. 
Limerick,  Sylvanus  Bangs. 
Limington,  John  Seavey. 


Lyman,  Wm.  Waterhouse,  Jr. 
Newfield,  Joseph  B.  Davis. 
North  Berwick,  William  Hall, 
.''aco,  Abraham  Cutter. 
Shapleigh,  John  M.  Ham. 
South  Berwick,  John  Hanscou 
Wells,  Nason  M.  Hatch. 
Y'ork,  George  Bowden. 


SENATE,    1855. 
•  Dennett,  York.  John    N. 

cammon,  Saco.  wick. 


Goodwin,    South    Ber- 


HOUSE   OF   REPRESENTATIVES. 


Acton,  Ebenezer  Ricker. 
Alfred,  Ivory  Hall. 
Berwick,  Samuel  Stillings. 
Biddeford,  Leonard  Andrews 
Buxton,  Ansel  Merrill. 
Cornish,  Alpheus  Trafton. 
Eliot,  Andrew  Leighton. 
Hollis,  George  Gilman. 


Kennebunkport,  James  M.  Stone. 
Kittery,  Levi  Remick. 
Parsonsfield,  John  B.  Sweat. 
Saco,  Seth  Scammon. 
Sanford,  Nehemiah  Butler. 
Waterborough,  Joseph  Chase. 
Wells,  Enoch  Goodale. 
York,  Josiah  Chase. 


John  M.  Goodwin,  Biddeford. 
John  Kezer,  Parsonsfield. 


SENATE,    1856. 

Alexander  Junkins,  Eliot. 


Biddeford,  George  Clark. 
Buxton,  Ansel  Merrill. 
Cornish,  Edwin  W.  Wedgwood. 
Kennebunk,  George  P.  Titcomb. 
Kennebunkport,  Warren  Brown. 
Kittery,  Mark  Dennett. 
Lebanon,  James  Pray. 
Limerick,  Simeon  S.  Ha.'ty. 


HOUSE   OF   REPRESENTATIVES. 

Lyman,  .James  Nason. 
North  Berwick,  Nathan  Neal. 
Parsonsfield,  John  B.  Sweat. 
Saco,  Seth  Scamman. 
Shapleigh,  Daniel  Shackley. 
South  Berwick,  John  Hanscom. 
Wells,  Enoch  Goodale. 
York,  Charles  Came. 


SENATE,    1857. 
Seth  Scamman,  Saco.  Samuel  W.  Jones,  Lebanon. 

Nathan  Dane,  Alfred. 

HOUSE    OP    REPRESENTATIVES. 


Acton,  Nathan  Brackett. 
Alfred,  Sylvester  Littlefield. 
Berwick,  Samuel  Guptill. 
Biddeford,  Esreff  H.  Banks. 
Buxton,  Joseph  Davis. 
Dayton,  John  L.  Murch. 
Eliot,  Asa  Gowen. 
Kennebunkport,  Warren  Broi 


Limington,  Freeman  McKenney. 
Newfield,  Samuel  C.  Adams. 
Sanford,  Lyman  Butler. 
Saco,  Joseph  Hobson,  Jr. 
Kittery,  Mark  Dennett. 
AVaterborough,  Abram  CofEn. 
Wells,  Eben  Clark. 
York,  Charles  Came. 


Chosen  in  April  to  fill  place  of  Nathaniel  M.  Towle,  resigned. 
.  Adams  attended  the  extra  session  in  September,  1853. 


HOUSE   OP   REPRESENTATIVES. 

Lyman,  Hiram  Waterhouse. 
North  Berwick,  John  Hall  (2d). 
Parsonsfield,  Luther  Sanborn. 
Saco,  R.  P.  Tapley. 
Shapleigh,  James  Coffin. 
South  Berwick,  Benj.  F.  Parks. 
Wells,  Edwin  Clark. 
Y'ork,  William  H.  Sweat. 


Biddeford,  Ezreff  H.  Banks. 
Buxton,  Joseph  Davis. 
Kennebunk,  Henry  Kingsbui7. 
Kennebunkport,  Albert  Perkins 
Kittery,  Daniel  Pierce. 
Lebanon,  Levi  Cowell. 
Limerick,  Luther  S.  Moore. 
Limington,  Moses  E.  Sweat. 


SENATE,    1859. 
Cornish.  James  Jlorton,  B 

1,  Jr.,  Wells. 

HOUSE   OP   REPRESENTATIVES. 


Autou,  Moses  Garvin. 
Alfred,  John  U.  Goodenow. 
Berwick,  Kendall  Gibbs. 
Biddeford,  Samuel  Lowell. 
Buxton,  Levi  F.  Boothby. 
Eliot,  Moses  Goodwin. 
Hollis,  Jacob  McDaniel. 
Kennebunkport,  Albert  Perkins 
Kittery,  Daniel  Pierce. 


Limington,  Isaac  L.  Mitchell. 
Parsonsfield,  Luther  Sanborn. 
Saco,  Charles  Hill. 
Sanford,  Ebenezer  L.  Hobbs. 
Waterborough,    Nathaniel     Sin 

Clair. 
Wells,  William  Storer,  Jr. 
York,  William  H.  Swett. 


Morton,  Buxton. 


Theodore  Wells,  Jr.,  Wells. 


OP   REPRESENTATIVES. 


Biddeford,  Samuel  C.  Hamilton 
Buxton,  Moses  Hopkinson. 
Kennebunk,  James  M.  Stone. 
Kennebunkport,  Chas.  C.  Perkin 
Kittery,  Ephraim  C.  Spinney. 
Lebanon,  Seaver  Jones. 
Limington,  Lewis  Clark. 
Limerick,  Cyrus  Fogg. 
Lyman,  Thomas  Tibbetts. 


Newfield,  George  W.  Willson. 

North  Berwick,  Sumner  I.  Kim- 
ball. 

Saco,  Charles  Hill. 

Shapleigh,  Alfred  Hull. 

South  Berwick,  Wm.  A.  Crom- 
well. 

Wells,  Joshua  Goodwin. 

York,  Samuel  E.  Payne. 


Nathaniel  G.  Marshall,  York. 
John  H.  Goodenow,  Alfred. 


SENATE,    1861. 

Leonard  Andrews,  Biddeford. 


HOUSE   OF   REPRESENTATIVES. 


Acton,  Luther  Goding. 
Alfred,  J.  H.  Sayward. 
Berwick,  William  F.  Lord. 
Biddeford,  S.  C.  Hamilton. 
Buxton,  Moses  Hopkinson. 
Dayton,  Wm.  R.  Buzzell. 
Eliot,  Timothy  Dame. 
Kennebunkport,  Chas.  C.  Perki 


John  H.  Goodenow,  Alfred. 
Nathaniel  G.  Marshall,  York. 


Kittery,  John  Wentworth. 
Limington,  Lewis  Clark. 
Newfield,  Z.  Dunnells. 
Saco,  Cornelius  Sweetser. 
Sanford,  I.  S.  Kimball. 
Wells,  Joshua  Goodwin. 
Waterborough,  Oliver  Han 
York,  Samuel  E.  Payne. 


HOUSE   OF   REPRESENTATIVES. 


Alfred,  Sylvester  Littlefield. 
Biddeford,  Thomas  H.  Cole,  Ja 

Sawyer. 
Buxton,  Simeon  B.  Davis. 
Hollis,  Isaac  N.  Felch. 
Kittery,  John  Wentworth. 
Lyman,  Joseph  Emmons. 
Limerick,  Ira  S.  Libby. 


Lebanon,  J.  Y.  Wentworth. 
North  Berwick,  William  Hobbs. 
Parsonsfield,  John  M.  Ames. 
South    Berwick,    John    H.    Bur- 

Shapleigh,  Paul  Garvin. 

Saco,  Cornelius  Sweetser. 
Wells,  Barak  Maxwell. 


HISTORY   OF   YORK   COUNTY,  MAINE. 


Nehemiah  Colby,  South  Bern 
Edwin  R.  Wiggin,  Saco. 


Alvah  Doe.  Parsonsfield. 


3E   OF    REPRE.SENTATIVES. 


Alfred,  Timothy  B.  Ross. 
Berwick,  Moses  B.  Page. 
Biddeford,    John    M.    Goodwi 

Abel  H.  Jellison. 
Buxton,  Simon  B.  Davis. 
Eliot,  Andrew  P.  Fernald. 
Kittery,  John  Rogers. 
Kennebunkport,  C.  C.  Perkins 


Limington,  John  Chace. 
Xewfield,  Joseph  Moore. 
Parsonsfield,  Chase  Boothby. 
Saco,  Moses  Lowell. 
Sanford,  Benjamin  F.  Hamso 
Waterborough,  Benj.  Leavitt. 
York,  Asa  Melntire. 


Luther  Sanborn,  Parsonsfield. 
Esreff  H.  Banks,  Biddeford. 


SENATE,    18G4. 
Elishal 


HOUSE   OF   REPRESENTATIVES. 


Goodw 


Acton,  A.  D.  Mei 
Biddeford,    John 

Abel  H.  Jellison. 
Cornish,  Edmond  Trafton,  Jr 
Dayton,  Horatio  Dunn. 
Kennebunk,  James  M.  Stone. 
Kittery,  John  Rogers. 
Lebanon,  James  TV.  Grant. 


Limerick,  Joshua  C.  Lane. 
Lyman,  Samuel  Waterhouse. 
Xorth  Berwick,  Haven  A.  Butler, 
Saco,  Moses  Lowell. 
South    Berwick,    John    H.    Bur- 
Wells,  Jedediah  Perkins. 
York,  Henry  K.  Bradbury. 


SENATE,    1865. 


Esreff  H.  Banks,  Biddeford. 
Elisha  n.  Jewett,  South  Berv 


Luther  Sanborn,  Pars< 


Alfred,  John  H.  Sayward. 
Buxton,  Charles  E.  Weld. 
Berwick,  William  F.  Lord. 
Biddeford,  William  Hill,  Charles 

A.  Shaw. 
Cornish,  Ammi  Boynton. 
Eliot,  George  C.  Bartlett. 
Kittery,  Joshua  H.  Sanborn. 


HOUSE   OF    REPRESENTATIVES. 


Jesse  Gould. 
Limington,  Samnel  JI.  Bradbury. 
Saco,  Rufus  P.  Tapley. 
Sanford,  Charles  H.  Frost. 
Shapleigh,  Sewall  Lord. 
Waterborough,  Oliver    G.   Ham- 
ilton. 
York,  Josiah  D.  Bragdon. 


Charles  E.  Weld,  Buxton, 
Nath.  Hobbs,  North  Ben 


SENATE,    1866. 

Jeremiah  M.  Mas 


HOUSE   OF   REPRESENTATIVES. 


Biddeford,  William    Hill,  James 

B.  Clark. 
Buxton,  Samuel  Hanson. 
Hollis,  Henry  K.  Bradbury. 
Kennebunk,     James    M.    Stone 

(speaker). 
Kennebunkport,  Enoch  Cousins. 
Kittery,  Joshua  H.  Sanborn. 
Lebanon,  William  A.  Ricker. 


Limerick,  Horace  H.  Burbank. 
Newfield,  Darling  Ham. 
North  Berwick,  John  H.   Han 

Parsonsfield,  Ivory  Fenderson. 
Saco.  Charles  C.  Sawyer. 
South    Berwick,    John    H.   Bui 

leigh. 
Wells,  George  Goodwin. 


SENATE,    1867. 


North    Ber-       Charles  E.  Weld,  Buxton. 

Jeremiah  M.  Mason,  Limerick. 


HOUSE   or   REPRESENTATIVES. 


Alfred,  William  Jewett. 


Acto 


D.  Me 


Berwick,  Uranus  0.  Brackett. 
Biddeford,  William    H.  Hanson 

James  R.  Clark. 
Buxton,  Samuel  Hanson. 
Eliot,  Timothy  Dame. 
Kennebunkport,  Albert   Perkins. 


Kittery,  Joseph  D.  Parker. 
Limington,  Wm.  M.  McArthu 
Parsonsfield,  Ivory  Fendersor 
Saco,  Charles  C.  Sawyer. 
Sanford,  Samuel  Nowell. 
Waterborough,  Jere  Roberts. 
York,  Charles  C.  Barrell. 


M.  Burbank,  Saco. 
tus  D.  Merrow,  Newfield 


SENATE,    1868. 

George  Goodw 


HOUSE   OF   REPRESENTATIVES. 


Alfred,  Jeremiah  R.  Gile. 
Biddeford,     Edwin     W.     Wedg- 
wood, Charles  G.  Haines. 
Cornish,  Ammi  Boynton. 
Dayton,  James  Maddox. 
Hollis,  Henry  K.  Bradbury. 
Kittery,  Joseph  D.  Parker. 
Lebanon,  Edmund  F.  Cowell. 
Limerick,  Joseph  H.  Gilpatrick. 


Lyman,  Bradford  Raymond. 

North  Berwick,  Timothy  H.  Hub- 
bard. 

Saco,  George  Pareher. 

Shapleigh,  Edward  Hargraves. 

South  Berwick,  Shipley  W. 
Ricker. 

Wells,  Benjamin  B.  Eaton. 


SEN.4TE,    1869. 


George  Goodwin,  "Wells. 

Wm.  M.  McArthur,  Limington. 


JSE    OP   REPRESENTATIVES. 


Berwick,  I'ranus  0.  Brackett. 
Biddeford,     Edwin     W.    Wedg- 
wood, Charles  G.  Haines. 
Cornish,  Reuben  Small. 
Dayton,  James  R.  Haley. 
Eliot,  George  A.  Hammond. 
Kennebunk,  James  M.  Stone. 
Kittery,  Edwin  A.  Duncan. 


Limington,  Edward  Bragdon,  Jr. 
Lyman,  Eastman  Tripp. 
Newfield,  David  T.  Giveen. 
Saco,  George  Pareher. 
Sanford,  Edward  H.  Bennett. 
Waterborough,  Joseph  W.  Hol- 

Y'ork,  Charles  Junkins. 


SENATE,  1870. 
Samuel  Hanson.  Buxton.  John  B. 

Joseph  C.Roberts,  Waterborough. 


Nealley,  South  Berwick. 


OF    REPRESENTATIVES. 


Acton,  Caleb  Burbank. 
Biddeford,    John    H.    Burnham, 

John  Q.  Adams. 
Buxton,  Thomas  H.  Berry. 
Hollis,  John  W.  Lane. 
Kennebunk,  James  M.  Stone. 
Kennebunkport,  Enoch  Cousins. 
Kittery,  Edward  A.  Duncan. 
Lebanon,  Benjamin  H.  Lord. 


Limerick.  Albert  0.  Libbey. 
North   Berwick,    Geo.  H.  Went- 

worth. 
Parsonsfield,     Harrison     G.      0. 

Smith. 
Saco,  Edwin  B.  Smith. 
South  Berwick,  John  A.  Dennett. 
Wells,  Frank  B.  Mildram. 


SEN.iTE,  1871. 
John  B.  Nealley,  South  Berwick.       Jos.  C.  Roberts,  Waterborough. 
Joseph  Hobson,  Saco. 


Acton,  Samuel  A.  Stackpole. 
Alfred,  Caleb  B.  Lord. 
Berwick,  George  S.  Goodwin. 
Biddeford,  John  Quincy  Adams 

John  H.  Burnham. 
Buxton,  Thomas  H.  Berry. 
Eliot,  James  G.  Jenkins. 
Kennebunkport,  Enoch  Cousins. 


HOUSE   OF   REPRESENTATIVES. 

Kittery,  Joshua  H.  Sanborn. 
Limington,  Samuel  M.  Bradbury. 
Parsonsfield,     Harrison     G.     0. 
Smith. 


Saco,  Edwin  B.  Smith. 
Sanford,  Simon  Tibbetts. 
Waterborough,  David  Deering. 
Y'ork,  Joseph  Bragdon. 


SENATE,  1872. 
Cyrus  H.  Hobbs,  Wells.  Albert  G.  O'Bri 

Ichabod  Cole,  Eliot. 


Alfred,  R.  H.  Goding. 
Biddeford,      Ferguson      Haines, 

Samuel  R.  Hamilton. 
Buxton,  James  0.  A.  Harmon. 
Kennebunkport,  Geo.  B.  Carll. 
Kittery,  Warrington  Paul. 
Lebanon,  Elihu  Hayes. 
Limerick.  B.  A.  Sawtelle. 


HOUSE    OF   REPRESENTATIVES. 

Limington,  J.  F.  Brackett. 
North  Berwick,  George  H.  Lane. 
Parsonsfield,  John  Bennett. 
Saco,  Edwin  B.  Smith. 
Shapleigh,  Henry  R.  Thing. 
South  Berwick,  J.  H.  Burleigh. 
Wells,  A.  B.  Wells. 


YORK   COUNTY  PRESS. 


113 


SENATE,  1873. 
Cyrus  H.  Hobbs,  Wells.  Albert  G.  O'Brien,  Cornish. 

John  E.  Butler,  Biddeford. 

HOUSE   OF   REPRESENTATIVES. 

Berwick,  Samuel  Hubbard.  Limerick,  Eben  F.  Severence. 

Biddeford,    Luther     T.     Mason,  Lyman,  Nathaniel  Littlefleld. 

Dominicus  Ricker.  Newfield,  Usher  B.  Thompson. 

Bu.xton,  James  0.  A.  Harmon.  Parsonsfield,  John  Bennett. 

Eliot,  Samuel  A.  Remick.  Saco,  Ivory  Lord. 

Kennebunk,  Addison  E.  Haley.  Sanford,  William  P.  True. 

Kennebunkport,  George  Carl!.  York,  George  W.  S.  Putman. 
Kittery,  Warrington  Paul. 

SENATE,  187-1. 
John  E.  Butler,  Biddeford.  Benjamin  F.  Hanson,  Sanford. 

John  Hall,  North  Berwick. 

HOUSE    OP   REPRESENTATIVES. 

Acton,  Caleb  W.  Burbank.  Lebanon,  John  S.  Parker. 

Biddeford,  B.  F.  Hamilton,  Enoch  Limington,  Joab  Black. 

F.  Pillsbury.  North  Berwick,  Francis  Hurd. 

Cornish,  Calvin  E.  Woodbury.  Saco,  Ivory  Lord. 

Hollis,  Charles  W.  McKenney.  South  Berwick,  Thomas  J.  Good- 
Kennebunk,  Albion  K.  Gile.  win. 

Kennebunkport,  Geo.  E.  Carll.  Waterborough,  Wm.  H.  Johnson. 

Kittery,  Mark  F.  Wentworth.  Wells,  Trafton  Hatch. 

SENATE,  1875. 
John  Hall,  North  Berwick.  Ivory  Lord,  Saco. 


ienja 


F.  Ha 


n,  Sanford. 


HOUSE   OP  REPRESENTATIVES. 

Alfred,  Albion  K.  Gile.  Kittery,  Mark  F.  Wentworth. 

Berwick,  Samuel  Hubbard.  Lyman,  Zopher  R.  Folson. 

Biddeford,  Ferguson  Haines,  Lu-  Saco,  Rufus  P.  Tapley. 

ther  T.  Mason.  Sanford,  William  F.  Hanson. 

Cornish,  Timothy  Brackett.  Shapleigh,  John  F.  Ferguson. 

Dayton,  James  R.  Haley.  Waterborough,  Wm.  H.  Johns( 

Eliot,  Samuel  C.  Shapleigh.  York,  George  M.  Payne. 
Hollis,  Charles  W.  McKenney. 


SENATE,  1876. 

Uranus  0.  Brackett,  North  Ber- 


Ivory  Lord,  Saco. 

Usher  B.  Thompson,  Newfield. 

HOUSE   OF   REPRESENTATIVES. 

Alfred,  Timothy  Garey.  Limerick,  Ira  S.  Libby. 

Biddeford,  Edwin  Stone,  Daniel  Limington,  Jas.  M.  Hopkinson. 

Goldthwaite.  Newfield,  Benjamin  Carleton. 

Buxton,  Reuben  W.  Murch.  North  Berwick,  Tim.  B.  Hussey. 

Kennebunkport,  Seth  H.   Pink-  Parsonsfield,  Jos.  F.  Dearborn. 

ham.  Saco,  Edward  Eastman. 

Kittery,  Joseph  H.  Seaward.  South  Berwick,  T.  J.  Goodwin. 

Lebanon,  Hiram  Lord.  Wells,  Howard  W.  Littlefleld. 

SENATE,  1877. 

Uranus  0.  Brackett,  North  Ber-  Usher  B.  Thompson,  Newfield. 

wick.  Joseph  Hobson,  Saco. 

HOUSE   OP   REPRESENTATIVES. 

Acton,  James  Garvin.  Kittery,  Joseph  H.  Seaward. 

Berwick,  Lorenzo  R.  Hersom.  Lyman,  James  B.  Roberts. 

Biddeford,    Daniel    Goldthwaite,  Parsonsfield,  Chas.  F.  Sanborn. 

Edwin  Stone.  Saco,  Roscoe  L.  Bowers. 

Buxton,  Stephen  Towle.  Sanford,  Hosea  Willard. 

Eliot,  Samuel  C.  Shapleigh.  Waterborough,    Benj.    F.    Chad- 
Kennebunk,  Robert  W.  Lord.  bourne. 

Kennebunkport,  Sim.  L.  Cleaves.  York,  Josiah  D.  Bragdon. 


Joseph  Hobson,  Saco. 

W.  F.  Moody,  Kennebunkport 

15 


SENATE,    1878. 

.John  F.  Ferguson,  Shapleigh 


HOUSE   OF   REPRESENTATIVES. 

Biddeford,   Joshua  Moore,  Har-  Limington,  Stephen  L.  Purinton. 

den  Taylor.  North  Berwick,  Frank  A.  Knight. 

Cornish,  Timothy  Brackett.  Saco,  Roscoe  L.  Bowers. 

Dayton,  Clark  R.  Cole.  Shapleigh,  Charles  W.  Coffin. 

Hollis,  James  Mcscrve.  South  Berwick,  Wm.  H.  Flynn. 

Kennebunk,  Robert  Vf.  Lord.  Waterborough,  Charles  W.  Smith. 

Kittery,  Dennis  M.  Shapleigh.  Wells,  Trafton  Hatch. 
Lebanon,  James  M.  Gerrish. 

SENATE,  1879. 

William  T.  Moody,  Kennebunk-  John  F.  Ferguson,  Shapleigh. 

port.  James  M.  Andrews,  Biddeford. 

HOUSE    OP    REPRESENTATIVES. 

Alfred,  John  T.  Hall.  Kittery,  Dennis  M.  Shapleigh. 

Berwick,  Charles  H.  Home.  Lyman,  Richard  S.  Stanley. 

Biddeford,    Charles    P.    Emery,  Newfield,  Charles  E.  Pinkham. 

Harden  Taylor.  Saco,  George  Parcher. 

Cornish,  Albert  G.  Andrews.  Sanford,  Jeremiah  Moulton  (2d). 

Dayton,  George  H.  Moore.  Waterborough,  W.  W.  Libby. 

Eliot,  Howard  Staples.  York,  James  A.  Bragdon. 
Hollis,  James  Meserve. 


CHAPTER    XXVII. 


TOEK    COTTNTT   PEESS. 


Newspapers,   Past  and  Present,  arranged   under  the  Heads  of  the 
Towns  in  which  they  have  been  Published. 

FRTEBUEG. 
RUSSELL's    ECHO. 

The  first  newspaper  in  this  county  and  one  of  the  earli- 
est in  Maine  was  the  Echo,  or  North  Star,  established  by 
Elijah  Russell  at  Fryeburg  in  February,  1798.  The  estab- 
lishment of  the  Echo  by  Mr.  Russell  two  years  after  the 
first  paper  at  Wiscasset,  led  Mr.  Griffin  ("  Press  of  Maine") 
to  the  supposition  that  this  publisher,  with  the  Russell  of 
that  paper,  was  a  brother  of  Benjamin  Russell  of  the  Bos- 
ton Sentinel.  The  type,  he  says,  was  probably  the  same  as 
had  been  used  on  the  Sentinel.  Mr.  Russell  had  formerly 
printed  a  paper  at  Concord,  N.  H.  The  Echo  was  pub- 
lished weekly  less  than  a  year.  The  late  Arthur  Shirley, 
of  Portland,  is  said  to  have  set  the  first  type  in  the  office. 
In  size  it  was  about  twenty-four  by  eighteen ;  terms,  one 
dollar  and  a  half  per  annum. 

In  1872,  Hon.  George  B.  Barrows,  of  Fryeburg,  wrote 
Mr.  Griffin  that  he  had  a  single  copy  of  the  Echo  in  his 
possession,  and  that  every  spring,  in  digging  his  garden,  he 
found  stones  which  were  part  of  the  foundation  of  the  old 
printing-office. 

A  few  copies  of  this  paper  have  been  preserved  in  the 
collection  at  Worcester,  Mass.,  and  at  Dartmouth  College. 
On  application  to  the  Antiquarian  rooms  in  Worcester,  Mr. 
Griffin  obtained  a  copy,  which  proved  to  be  No.  7,  Vol.  I., 
dated  Fryeburg,  Me.,  Aug.  19,  1798. 

"The  type,"  he  says,  "is  eery  much  worn.  The  paper  contains 
a  sensible  communication  calculated  to  calm  the  war-spirit  of  the  day, 
caused  by  the  depredations  of  French  war-vessels  upon  our  commerce. 
There  is  also  a  double  column,  giving  a  list  of  revenue-stamp  duties. 
An  advertisement  of  land  for  sale  at  Farmington,  Maine,  appears 
over  the  signature  of  our  former  neighbor,  Jacob  Abbot,  Sr.,  then 

of  Concord,  New  Hampshire.     The  terms  of  the  Ectio  are  given, 

Pay  in  niii/thiug  or  cash,'" 


HISTORY  OF  YORK   COUNTY,  MAINE. 


WELLS   AND  KENNEBUNK.* 

ANNALS    OF   THE   TIMES. 

In  1803,  Stephen  Sewall  commenced  the  publication  of 
the  Annals  of  the  Times.  It  seems  to  have  been  started 
under  very  favorable  auspices,  so  far  as  regarded  the  patron- 
age of  advertisers.  Many  persons  in  Portsmouth  adver- 
tised their  lands  in  its  columns,  and  also  a  respectable  num- 
ber in  Wells  and  other  towns  in  the  county.  But  the  sub- 
scription patronage  was  insuiEcient  to  sustain  it,  and  the 
paper  was  continued  but  one  year.  Occasionally  the  paper 
contained  respectable  communications  on  political  questions 
and  things  of  local  interest.  Mr.  Sewall  wrote  the  ode  for 
the  4th  of  July,  1803,  which  was  sung  with  effect  on  that 
occasion.  His  position  as  publisher  of  this  paper  not  meet- 
ing his  aspirations,  he  abandoned  it  in  1804,  moved  to 
Scarborough,  and  there  established  himself  as  a  Thompson- 
ian  physician. 

KENNEBUNK    GAZETTE. 

In  the  beginning  of  1805  another  attempt  was  made  to 
establish  a  newspaper  in  Kennebunk  by  William  Weeks. 
This  enterprise  was  not  as  successful  as  the  former.  The 
paper  was  denominated  the  Kennehuuk  Gazette.  A  single 
copy  of  it  has  been  preserved  by  Judge  Bourne, — No.  19, 
dated  July  24,  1805.  Besides  the  postmaster's  list  of  let- 
ters remaining  in  the  office,  it  contains  but  a  single  adver- 
tisement, a  fact  going  to  show  that  the  business  commu- 
nity took  little  interest  in  sustaining  it,  or  did  not  under- 
stand in  those  days  the  value  of  an  advertising  medium. 
The  paper  is  made  up  entirely  of  selections,  containing 
nothing  editorial  and  no  original  matter.  It  was  continued 
but  a  little  while,  when  the  publisher  moved  to  Saco,  thence 
to  Portland,  and  thence  to  Portsmouth,  where  in  1809  he 
became  the  publisher  of  the  New  Hampshire  Gazette. 

Another  paper,  called  the  Eagle  of  Maine,  was  started 
soon  after,  but  no  relic  of  it — not  even  the  publisher's  name 
— remains. 

The  fourth  paper  was  the  Weeldy  Visitor,  afterwards 
changed  to  the  Kennebunk  Gazette,  which  remained  for 
nearly  quarter  of  a  century  under  the  latter  name.  The 
Visitor  was  started  in  1809  by  James  K.  Remich.  The 
publisher  seems  to  have  had  more  sympathy  from  the  public 
than  had  his  predecessors.  The  advertising  support  of  a 
newspaper  we  suppose  to  be  very  essential  to  its  success. 
This  was  very  liberally  given  to  the  Visitor.  A  great  deal 
of  original  matter  was  also  furnished  for  its  columns.  Pre- 
vious failures  probably  moved  the  people  to  a  more  active 
interest  in  its  success,  and  the  paper  soon  acquired  a  satis- 
factory footing.  It  maintained  its  position  under  the  two 
names  between  thirty  and  forty  years.  July  7,  1821,  the 
name  of  the  paper  was  changed  to  the  Kennebunk  Gazette. 
By  a  wise  and  prudent  management  of  the  financial  con- 
cerns of  the  establishment  the  publisher  acquired  a  very 
comfortable  independence,  which  he  transmitted  to  his  son 
Daniel  at  his  death.  He  died  Sept.  3,  1863,  aged  eighty 
years.  Daniel  Remich  conducted  the  paper  for  a  few  years. 
Piles  of  the  Kennehunle  Gazette  are  preserved  in  the  York 
Institute  at  Saco. 

*  History  by  Hon.  E.  E.  Bourne. 


THE    EASTERN    STAE. 

The  Eastern  Star  is  the  only  newspaper  now  published 
in  Kennebunk.  This  paper  was  started  in  Biddeford  by 
W.  Lester  Watson,  in  September,  1877,  and  removed  to 
Kennebunk  the  following  January.  It  is  a  weekly,  inde- 
pendent in  politics,  and  devoted  to  local  interests, — W. 
Lester  Watson,  proprietor  ;  Marcus  Watson,  editor.  The 
paper  has  a  good  circulation  and  a  liberal  advertising  pat- 
ronage. 

SACO   AND   BIDDEFORD. 
freeman's   FRIEND. 

A  paper  by  the  name  of  the  Freeman  s  Friend  was  pub- 
lished in  Saco  in  1805  by  William  Weeks,  the  same  pub- 
lisher who  started  the  first  Kennebunk  Gazette  in  the  latter 
town  at  the  beginning  of  the  same  year.  He  seems  to 
have  been  encouraged,  if  not  induced,  to  engage  in  this  en- 
terprise by  the  eccentric  lawyer,  Joseph  Bartlett,  who,  it  is 
supposed,  wrote  most  of  the  editorials  for  the  paper.  Bart- 
lett had  become  quite  popular  and  ambitious,  and  the  es- 
tablishment of  this  paper  was  one  of  his  schemes  for  ob- 
taining the  control  which  he  sought  over  the  Democratic 
party.  But  it  failed,  as  did  all  his  other  plans.  We  do 
not  know  how  long  the  paper  was  continued.  Mr.  Griffin 
says,  "  There  appears  in  the  first  number  an  advertisement 
of  a  wool-carding  machine  in  operation,  by  John  Mayall,  at 
Jefford's  mills,  in  Kennebunk.  Timothy  Keazer  adver- 
tises for  sale  an  oration  delivered  at  Saco,  July  4,  1806,  by 
Joseph  Bartlett." 

MAINE    PALLADIUM. 

The  Maine  PaUadimn  was  published  at  Saco  as  early  as 
the  autumn  of  1820,  by  Putnam  &  Blake,  and  as  late  as 
July  21,  1830.  We  find  in  Folsom's  "Saco  and  Bidde- 
ford," about  the  last-mentioned  date,  the  name  of  Alexan- 
der C.  Putnam,  but  we  do  not  know  whether  or  not  he 
was  the  publisher  associated  with  Mr.  Blake. 

MAINE  DEMOCRAT. 
The  Maine  Democrat  was  commenced  in  Saco,  Jan.  6, 
1828,  by  William  and  John  Condon,  who  continued  to 
publish  it  for  several  years,  and  sold  to  T.  Maxwell  and 
Michael  Beck,  E.sqs.,  of  Portsmouth.  During  the  first  two 
or  three  years  it  was  managed  by  Joshua  M.  Young.  Mr. 
Beck  in  a  short  time  purchased  Mr.  Maxwell's  interest, 
and  continued  the  publication  of  the  paper  till  the  time  of 
his  death,  in  1843.  It  was  then  purchased  by  Alpheus  A. 
Hanscom,  who  continued  as  its  editor  and  publisher  until 
May,  1864.  The  Democrat  was  then  purchased  by  William 
Noyes,  with  his  son,  Isaac  B.  Noyes,  who  officiated  as  edi- 
tor until  he  died,  a  few  months  afterwards.f     A  second 

t  Isaac  Badger  Noyes  at  the  breaking  out  of  the  Rebellion,  in  1861, 
immediately  gave  up  the  practice  of  law  and  recruited  the  first  com- 
pany of  soldiers  that  joined  the  army  from  Saco,  of  which  he  was 
chosen  captain  as  soon  as  his  company  joined  the  5th  Maine  Regi- 
ment. He  at  once  proceeded  to  the  front  in  Virginia,  but  his  health 
being  poor,  having  a  disease  of  the  heart,  which  afterwards  termi- 
nated his  life,  he  resigned  his  commission  in  the  fall  of  ISCI.  With 
the  hope  of  regaining  his  health,  he  spent  the  two  following  years  in 
South  America.  Returning  early  in  IS64,  he  immediately  assumed 
the  editorial  management  of  the  Maine  Bemocntt,  which  he  continued 
to  conduct  till  the  time  of  his  death,  in  December,  1866. — Griffin's 
Press  of  Maine,  p.  125. 


YORK    COUNTY   PRESS. 


115 


son  was  received  into  the  partnership,  and  the  paper  con- 
tinued under  the  firm  of  William  Noyes  &  Co.  for  about 
three  years.  In  October,  1867,  it  was  sold  to  Charles  A. 
Shaw,  Esq.,  of  Biddeford,  but  the  Messrs.  Noyes  continued 
its  publication  till  near  the  first  of  January  following.  Mr. 
Shaw  then  removed  it  to  Biddeford,  where  he  erected  a 
new  building  for  the  reception  of  the  office,  and  there  im- 
mediately commenced,  in  connection  with  the  Democrat,  a 
daily  called  the  Daily  l^imes.  He  expended  several  thou- 
sand dollars  on  the  establishment,  but  finding  that  a  daily 
could  not  be  sustained,  he  lost  his  interest  in  the  under- 
taking, discontinued  the  daily,  and  in  October,  1868,  sold 
his  apparatus,  with  the  Democrat,  to  E.  K.  Smart,  of 
Camden.  Mr.  Smart  continued  the  publication  of  the 
paper  until  May,  1869,  when  it  was  purchased  by  the 
Watson  Brothers,  who  were  the  proprietors  (George  K. 
Shaw,  editor)  till  June,  1876,  when  W.  S.  Noyes,  Esq., 
came  into  possession  of  the  paper,  and  continued  it  till  he 
sold  to  F.  W.  Roberts,  Esq.,  in  February,  1878.  Mr. 
Roberts  finding  the  pecuniary  responsibility  greater  than 
he  had  anticipated,  relinquished  the  paper  after  getting  out 
one  issue,  and  the  mortgagors  at  once  arranged  with  Mr. 
Noyes  to  continue  the  publication  till  another  sale  could  be 
efl"ected.  Mr.  Noyes  continued  its  publication  till  the  7th 
of  the  following  June,  when  it  was  published  under  the 
management  of  E.  W.  Wedgwood,  Esq.,  till  the  25th  of 
July,  and  then  closed  finally.  Mr.  Noyes  finding  that  the 
subscribers  who  had  paid  in  advance  for  the  paper  looked 
to  him  for  a  fulfillment  of  their  contract,  immediately  com- 
menced the  publication  of  the  Stale  Democrat  in  Saco, 
which  is  of  the  same  size  and  price  with  the  Maine  Demo- 
crat, and  is  now  the  only  Democratic  paper  in  York  County. 
It  is  published  weekly  in  Saco  by  Noyes  &  Co.,  and  is  an 
enterprising  and  remunerative  sheet. 

Mr.  William  Noyes,  the  senior  partner,  was  born  in 
Brunswick  in  March,  1809,  and  at  an  early  age  entered 
the  printing  office  of  the  late  Joseph  Griffin,  at  Brunswick, 
where  he  served  an  apprenticeship  of  seven  years,  gradu- 
ating in  1830.  He  then  immediately  commenced  the  pub- 
lication of  the  Brunswick  Journal,  which  he  continued 
about  one  year.  In  1831-32  he  worked  in  the  Boston 
Type-  and  Stereotype-Foundry,  and  also  at  Nashua,  N.  H., 
for  John  F.  Trow,  who  is  now  one  of  the  largest  publishers 
in  New  York.  In  1833  he  established  the  Maine  Farmer, 
one  of  the  most  successful  papers  ever  printed  in  the  State, 
which  he  published  eleven  years,  and  in  1845,  in  company 
with  the  late  Louis  0.  Cowan,  he  established  the  Union  at 
Saco,  now  the  Union  and  Journal,  of  Biddeford.  (See 
history  of  that  paper,  Maine  Democrat,  Knox  and  Lincoln 
Patriot,  and  Independent,  of  Saco.) 

UNION   AND    JOURNAL. 


The  Union  commenced  in  January,  1845,  with  William 
Noyes  as  proprietor,  and  Louis  0.  Cowan  as  editor.  It 
immediately  took  rank  as  the  leading  organ  of  the  Whig 
party  in  York  County,  and  was  continued  by  Messrs.  Noyes 
&  Cowan  until  February,  1848,  when  Mr.  Cowan  purchased 
the  interest  of  Mr.  Noyes,  and  continued  its  publication  in 
Saco  till  the  office  was  destroyed  by  fire  in  1856,  when  he 
removed  to  Biddeford,  and  purchased  the  Eastern  Herald 


and  Mercantile  Advertiser,  and  consolidated  the  two  papers 
under  the  name  of  the  Union  and  Journal.  Mr.  Cowan 
continued  to  publish  the  paper  till  the  time  of  his  death  in 
1863.  His  widow  sold  the  establishment  in  April,  1863, 
to  John  E.  Butler,  who,  in  January,  1872,  took  in  his 
father.  Rev.  0.  Butler,  as  partner,  the  firm  being  J.  E. 
Butler  &  Co.  till  Aug.  7,  1877,  at  which  date  they  sold  to 
the  present  proprietor,  Mr.  George  A.  Ilobbs. 

Mr.  Hobbs  was  born  in  Somerset  Co.,  Me.,  May  25, 1824. 
He  was  brought  up  in  Wells  from  the  age  of  ten  to  twenty, 
and  received  his  education  at  the  old  Kennebunk  Academy. 
He  returned  to  Somerset  County  in  1845,  where  he  read 
law  and  was  admitted  to  the  bar ;  was  clerk  of  the  courts 
of  Somerset  County  from  Jan.  1,  1854,  to  Jan.  1,  1857 ; 
moved  to  Illinois  in  1857,  and  was  twenty  years  engaged 
in  newspaper  business  in  that  State, — until  he  came  here 
and  purchased  the  Union  and  Journal.  His  son,  Thomas 
A.  Hobbs,  has  been  associated  with  him  in  the  management 
of  the  paper  from  the  first. 

The  Union  and  Journal  is  the  leading  Republican  paper 
of  the  county,  is  well  managed,  and  has  a  good  circulation. 

BIDDEFORD    HERALD. 

The  Biddeford  Herald  was  commenced  in  1848,  by 
Messrs.  Reed  &  Cole.  It  was  a  paper  devoted  to  local 
news,  and  was  continued  under  the  conduct  of  its  originators 
some  eight  months,  then  to  its  close,  about  nine  months,  by 
W.  F.  Scamman.  Mr.  Scamman  then  commenced  the  pub- 
lication of  the  Biddeford  Townsman,  which  lived  only 
about  three  months. 

MERCANTILE  ADVERTISER. 
In  April,  1849,  Marcus  Watson,  now  of  the  Kennebunk 
Eastern  Star,  issued  the  Mercantile  Advertiser  at  Saco. 
It  was  moved  to  Biddeford  in  1850,  and  sold  to  Daniel  E. 
Stone,  who  published  it  under  the  name  of  the  Eastern 
Journal  about  a  year  and  a  half  It  was  then  sold  to  Mr. 
Cowan,  and  merged  in  the  present  Union  and  Journal. 

BIDDEFORD    GAZETTE. 

The  Gazette  made  its  appearance  at  Biddeford,  Jan.  5, 
1857, — Marcus  Watson,  proprietor;  Charles  H.  Granger, 
editor, — and  continued  till  ISUl.  Marcus  Watson  &  Co. 
then  commenced  the  publication  of  the  Eastern  Herald, 
which  was  published  one  year. 


YORK    COUNTY    INDEPENDENT. 

The  first  number  of  the  York  Count//  Independent  ap- 
peared May  18, 1869,  published  by  Noyes  &  Co., — William 
Noyes  and  William  S.  Noyes, — and  is  now  published  by  the 
same  parties.  It  is  a  weekly,  independent  in  politics,  and 
is  published  every  Tuesday,  at  Saco.  On  retiring  from  the 
3Iaine  Democrat,  Jan.  1, 1868,  the  Messrs.  Noyes  removed 
to  Rockland,  Me.,  and  there  commenced  the  publication  of 
the  Knox  and  Lincoln  Patriot,  which  they  continued  to 
publish,  as  per  contract,  just  one  year;  on  the  expiration  of 
which  time  they  removed  their  office  back  to  Saco,  which, 
during  the  interval,  had  been  without  a  paper  or  printing- 
press  of  any  kind. 


116 


HISTORY  OF  YORK  COUNTY,  MAINE. 


DAILY   TIMES. 

The  first  daily  paper  in  Biddeford  was  started  by  Hon. 
Charles  A.  Shaw,  ex-mayor  of  the  city,  in  January,  1868, 
in  which  year  Mr.  Shaw  ran  for  Congress.  It  was  pub- 
lished in  connection  with  the  Maine  Democrat^  of  which 
Mr.  Shaw  was  then  proprietor.  Mr.  Shaw  procured  tele- 
graphic news  and  other  costly  appliances  of  a  daily  news- 
paper, but  the  field  being  insuflScient  to  support  his  enter- 
prise, the  venture  was  discontinued  after  an  experiment  of 
two  weeks.  Mr.  E.  S.  Morris,  present  State  superintendent 
of  common  schools,  was  assistant  editor. 

The  Watson  Brothers, — Marcus  and  Oscar  F., — while 
proprietors  of  the  Maine  Democrat,  started  anotlier  daily 
May  13,  1872,  called  the  Daily  Times.  Oscar  F.  Watson 
died  in  October,  1872,  and  Marcus  continued  the  daily  till 
the  latter  part  of  February,  1876,  when  it  was  discontinued. 
March  6,  1876,  Frank  W.  Roberts  started  a  small  three- 
column  paper,  called  the  Daily  Chronicle.  This  paper  was 
purchased,  July  17,  1876,  by  Andrew  J.  Small,  and  its 
name  changed  to  the  Daily  Times,  which  is  still  published 
by  Mr.  Small,  who  has  enlarged  it  and  made  it  a  new.sy  and 
enterprising  local  sheet.  It  is  independent  in  politics, 
makes  local  matters  a  specialty,  is  well  patronized  by  ad- 
vertisers, and  has  a  good  circulation  in  both  cities. 

Mr.  Small  is  a  native  of  Saco,  where  he  still  resides, 
though  publishing  his  paper  in  Biddeford.  He  began  life 
as  a  newsboy,  then  went  to  setting  typo,  and  has  got  to  be 
editor  and  proprietor  of  a  very  useful  daily  paper.  Since 
he  began  to  publish  the  Times  two  other  daily  papers  have 
been  started,  but  have  been  discontinued.  The  Evening 
Star  was  started  by  Marcus  Watson,  in  August,  1876,  and 
continued  about  thirteen  months.  In  January,  1878,  the 
Evening  Post  was  issued  from  the  Maine  Democrat  oiEce, 
and  continued  about  six  weeks.  This  paper  was  under  the 
editorial  management  of  George  B.  Goodwin,  Esq.,  now  of 
the  Bangor  Commercial,  and  it  immediately  took  the  lead 
as  the  daily  evening  paper  of  Biddeford  and  Saco.  It  was 
at  the  height  of  its  prosperity  and  was  being  well  received 
by  all  parties  (although  strongly  Democratic)  when  it  was 
suddenly  transferred  to  Mr.  Roberts,  in  connection  with  the 
Maine  Democrat,  when  Mr.  Goodwin  immediately  severed 
his  connection  with  the  paper,  and  after  two  issues  its  pub- 
lication ceased. 

The  only  daily  now  in  Saco  and  Biddeford  is  the  Daily 
Evening  Times,  by  Andrew  J.  Small,  editor  and  proprietor. 
No.  184  Main  Street,  Biddeford. 

BIDDEFOED   WEEKLY   ADVANCE. 

This  paper  was  established  in  April,  1879,  by  Rev.  0. 
Butler,  the  present  editor  and  proprietor.  It  is  independent 
in  politics,  and  is  gaining  a  fair  circulation  by  the  industry 
and  earnest  labor  of  its  editor.  Mr.  Butler  is  a  native  of 
Berwick,  and  is  connected  with  the  Free- Will  Baptist 
ministry. 

LIMEEICK. 

THE    MORNING    STAR. 

The  Morning  Star,  now  the  widely-circulated  organ  of 
the  Free- Will  Baptist  denomination  at  Dover,  N.  H.,  was 
established  at   Limerick,   in   this  county,  in    May,   1826. 


Elders  Buzzell  and  Burbank  were  the  first  editors ;  Wil- 
liam Burr,  a  native  of  Hingham,  who  served  an  apprentice- 
ship in  Boston,  was  printer.  "  Mr.  Burr,  when  he  came  to 
Limerick,  though  less  than  twenty  years  of  age,  was  an  ac- 
complished gentleman  of  pleasing  manners  and  most  ami- 
able disposition."  In  May,  1832,  Hobbs,  Woodman  & 
Co.  disposed  of  its  property  to  a  new  firm,  known  as  Hobbs, 
Burr  &  Co.  In  October  following  the  paper  was  sold  to 
the  Free-Will  Baptist  denomination.  Mr.  Burr  subsequently 
became  principal  editor  and  a  very  eflScient  business  manager, 
which  station  he  retained  nearly  forty  years  and  until  his 
death  by  apoplexy,  which  occurred  on  the  morning  of  Nov. 
5,  1866.  An  interesting  memoir  of  his  life  has  been  pub- 
lished in  a  volume  of  208  pages  18mo. 

The  Star  was  removed  to  Dover,  N.  H.,  in  November, 
1833. 

The  Village  Register  and  Farmers^  Miscellany  was  pub- 
lished (four  numbers)  in  1840,  by  Samuel  B.  Eastman. 
It  was  discontinued  for  the  want  of  patronage. 

The  Free-  Will  Baptist  Repository  was  published  from 
1845  to  1852.  Except  a  small  portion  of  the  time,  it  was 
published  in  Saco.  John  and  James  M.  Buzzell,  editors. 
It  was  moved  to  Portland  in  1852. 


A  paper  by  the  name  of  the  Columbian  Star  was  pub- 
lished at  Alfred  in  1824  by  James  Dickman,  of  Augusta, 
in  support  of  W.  H.  Crawford  for  the  Presidency.  Mr. 
Dickman  was  in  the  printing-office  of  Joseph  Griffin,  at 
Brunswick,  from  1820  to  1823,  as  an  apprentice.  He  died 
in  Boston  in  1870. 

SPRINGVALE. 
The  Springvale  Reporter,  an  enterprising  weekly  sheet, 
is  published  at  Springvale,  York  Co.,  by  Cheever  &  Noyes. 
It  is  now  in  its  fifth  volume,  and  has  attained  a  good 
circulation.  "  Devoted  to  local  news,  interests,  and  busi- 
ness."     One  dollar  a  year,  in  advance. 

LIMIjS^GTOX. 
The  Maine  Recorder,  a  four-column  weekly  paper,  was 
published  by  Arthur  M.  Baker  in  1832.  The  first  num- 
ber made  its  appearance  May  11th.  It  was  published  at 
one  dollar  a  year.  The  paper  had  a  high  moral  tone,  and 
was  too  literary  in  its  character  to  receive  popular  patronage, 
and  therefore  ceased  to  exist.  We  do  not  know  how  long 
it  continued. 


CHAPTER    XXVII L 


MEDICAL  PKOFESSION. 

Medical    Society   of    Maine — Maine    Medical    Association — List   of 
Members  for  York  County. 

The  first  Legislature  of  Maine,  convened  May  31,  1820, 
and  the  winter  succeeding,  members  of  the  Massachusetts 
Medical  Society  residing  in  Maine  commenced  the  forma- 
tion of  a  medical  society,  and  for  this  purpose  met  at  the 
seat  of  government,  Portland,  and  chose  Nathaniel  Coffin, 


Dr.  Chaeles  Traftox  was  born  in  Georgetown, 
Me.,  Oct.  2,  1787.  He  received  his  preliminary  ed- 
ucation in  his  native  town,  and  in  1808  he  com- 
menced the  study  of  medicine  with  Dr.  J.  Gihiian,  a 
resident  of  York,  Me.,  and  graduated  in  Boston  in 
1811.  In  April  of  the  same  year  he  entered  upon 
the  duties  of  his  profession  in  North  Berwick,  at 
which  place  he  continued  in  practice  until  Aug.  5, 
1817,  when  he  removed  to  South  Berwick,  where  he 
soon  had  a  very  lucrative  and  successful  practice, 
which  was  continued  until  he  was  prostrated  by  sick- 
ness, in  the  autumn  of  1854.  He  bore  his  protracted 
illness  with   Christian   patience,  and   died  July  4, 


1855. 

He 

who  V 

1843. 


married,  Oct.  27,  1814,  Elizabeth  Nowell, 
IS  born  in  October,  1793,  and  died  Nov.  22, 
They  had  six  children,  namely :  Alva,  born 
Sept.  30,  1815;  died  in  infancy.  Ann,  born  Aug. 
14,1816.  WilliaraH.,born  July  12, 1818.  Charles 
T.,  born  March  9,  1822 ;  for  the  past  twenty-four 
years  a  successful  physician  of  South  Berwick.  Au- 
gusta Elizabeth,  born  in  December,  1824;  died  in 
infancy.     Augustus   E.,  born   Oct.  24,  1827  ;   died 


July  20,  1852.  He  married  again,  Feb.  19,1845, 
Abigail  D.  Guppey,  who  was  born  April  19,  1817. 
In  politics,  Dr.  Trafton  was  a  Jacksonian  Democrat, 
and  was  one  of  the  Presidential  electors  that  elected 
Gen.  Harrison  President. 

As  a  physician  he  was  widely  and  extensively 
known,  and  his  medical  skill  was  almost  without  a 
parallel  in  the  community  in  which  he  lived. 

During  the  winter  of  1807  he  made  profession 
of  religion,  and  through  the  remainder  of  his  life 
honored  that  profession  both  by  precept  and  ex- 
ample. In  the  February  following  he  united  with 
the  Baptist  Church,  and  until  the  close  of  his  life 
was  an  honorable,  exemplary,  and  influential  mem- 
ber of  that  organization.  He  was  not  only  one 
of  the  earliest  members,  but  was  for  twenty  years 
previous  to  his  death  an  officer  (deacon)  in  the 
church.  Few  men  lived  to  a  better  purpose  in  the 
church,  or  died  with  more  friends,  than  did  Dr. 
Trafton.  His  hand  and  heart  were  ever  open  to 
the  calls  of  benevolence,  and  the  church  shared 
largely  in  his  liberality.  As  a  liusband  and  father 
few  had  his  equal. 


^^^  eX^^^^^^-t^-^ 


John  A.  Berry,  ]\LD.,  second  son  of  John,  Jr., 
and  Sarah  (Downing)  Berry,  was  born  hi  Saco,  Me., 
Sept.  24,  1808.  He  spent  his  early  life  on  the  farm 
at  home,  and  received  the  advantages  of  a  good 
English  and  classical  education.  He  studied  medi- 
cine with  the  late  Dr.  Green,  of  Boston,  formerly  a 
resident  and  practicing  physician  in  Saco,  and  gradu- 
ated from  the  medical  department  of  Bowdoin  Col- 
lege Sept.  4,  1833. 

He  began  practice  in  Saco ;  after  a  short  time  re- 
moved to  Lyman,  where  he  remained  until  1836,  and 
returned  to  Saco,  where  he  continued  in  the  successful 
practice  of  his  profession  until  his  decease,  April  20, 
1879. 

The  same  montli  lie  graduated  lie  received  the  ap- 
pointment from  Governor  Smith  of  surgeon's  mate 
of  the  1st  Regiment,  2d  Brigade,  1st  Division,  Maine 
militia. 

Dr.  Beriy  was  connected  with  various  local  insti- 
tutions. He  was  a  director  of  the  Saco  National 
Bank,  president  of  the  Mutual  Fire  Insurance  Com- 
pany at  the  time  of  his  death,  and  was  for  a  time 
president  of  the  Saco  &  Biddeford  Gaslight  Com- 
pany. He  was  interested  in  cliurch  and  school  mat- 
ters, was  a  member  of  the  Unitarian  Church,  and 


for  several  years  served  on  tiie  scliool  board.  As  a 
physician  Dr.  Berry  was  a  man  of  acknowledged 
ability,  and  ever  had  in  mind  the  best  interests  and 
welfare  of  his  patients.  He  was  cautious  in  adminis- 
tering to  the  wants  of  those  needing  his  services,  and 
bestowed  his  medical  skill  alike  upon  the  poor  and 
the  rich. 

He  possessed  business  ability,  prudence  and 
sound  judgment  in  financial  matters  that  gave  him 
rank  among  the  business  men  of  Saco,  and  added 
strength  to  all  local  institutions  with  wliich  he  was 
connected. 

Dr.  Berry  was  sociable,  genial ;  and  favorite 
among  his  pleasure-seeking  was  fishing,  in  which, 
and  hunting,  he  spent  many  leisure  hours;  and  on 
one  occasion,  while  hunting  upon  the  water,  his  gun 
accidentally  discharged,  the  ball  nearly  severing  the 
main  artery  of  his  arm,  so  injuring  its  use  that  he 
ever  afterwards  used  his  left  hand  to  write  with. 

He  married,  April  28,  1835,  Olivia,  daughter  of 
Captain  James  and  Abigail  J.  (Vaughan)  Donnell, 
of  Biddeford.  She  survives  her  husband,  and  also 
two  daughters, — Mrs.  Roscoe  L.  Bowers,  of  Saco, 
and  Annie  O.,  wife  of  Dr.  Roscoe  G.  Dennett,  who 
died  July  3,  1877. 


MEDICAL   PROFESSION. 


117 


M.D.,  of  Portland,  President;  Jonathan  Page,  M.D.,  of 
Brunswick,  Vice-President;  B.  D.  Bartlett,  M.D.,  of  Bath, 
Corresponding  Secretary;  and  Jonathan  Pago,  M.D.,  of 
Brunswick,  Recording  Secretary. 

The  first  annual  meeting  of  the  society  was  held  in  Mas- 
sachusetts Hall,  in  Brunswick,  on  the  4th  of  September, 
1821.  At  this  meeting  Luther  Carey,  M.D.,  of  Turner, 
was  elected  President  (on  the  resignation  of  Dr.  Coffin)  ; 
Ariel  Mann,  M.D.,  of  Hallowell,  Vice-President;  B.  D. 
Bartlett,  M.D.,  of  Bath,  Secretary;  and  Jonathan  Page, 
M.D.,  of  Brunswick,  Treasurer. 

At  this  meeting  a  proposition  was  received  from  the 
medical  faculty  of  Bowdoin  College  for  the  society  to  unite 
with  them,  by  the  appointment  of  a  committee  to  act  jointly 
with  the  faculty  and  have  an  equal  voice  in  the  recommend- 
ing candidates  to  the  college  board  for  the  degree  of  M.D. 
This  liberal  proposition  on  the  part  of  the  faculty  was  ac- 
cepted by  the  society,  and  for  many  years  the  latter  was 
represented  by  its  committee  at  the  examination  of  candi- 
dates for  their  medical  degree. 

An  act  incorporating  the  Medical  Society  of  Maine  was 
passed  March  8,  1821.  and  included  the  names  of  most  of 
the  members  of  the  Massachusetts  Medical  Society  then 
resident  in  Maine,  with  such  other  members  of  the  profes- 
sion as  were  designated  by  the  Legislature  at  the  time  of 
the  enactment. 

The  constitution  admitted  none  as  members  except  those 
who  had  received  a  diploma  from  some  authorized  medical 
school  or  university. 

We  regret  that  documents  are  not  accessible  for  a  com- 
plete list  of  the  members  of  the  first  Medical  Society  of 
Maine,  so  fivr  as  they  have  been  residents  of  York  County ; 
but  we  have  not  been  able  to  find  more  than  one  journal  of 
the  proceedings, — the  number  for  1834,  and  that  in  the 
library  of  the  College  of  Physicians  and  Surgeons,  Philadel- 
phia. 

George  Packard,  M.D.,  of  Saco,  and  James  Ayer,  M.D., 
of  Newfield,  were  members  of  the  old  society. 

Moses  Sweat,  M.D.,  Burleigh  Smart,  M.D.,  and  J.  Gil- 
man,  M.D.,  were  councilors  of  the  society  for  York  County 
in  1834. 

The  officers  of  the  society  for  1834  were  the  following: 
B.  D.  Bartlett,  M.D.,  Portland,  President ;  Burleigh  Smart, 
M.D.,  Kennebunk,  1st  Vice-President ;  Moses  Sweat,  M.D., 
Parsonsfield,  2d  Vice-President;  James  McKean,  M.D., 
Topsham,  Corresponding  Secretary ;  Moses  Shaw,  M.D., 
Wiscasset,  Recording  Secretary ;  Jonathan  Page,  M.D., 
Brunswick,  Treasurer ;  Censors,  B.  D.  Bartlett,  Portland ; 
John  Hubbard,  Hallowell ;  Moses  Sweat,  Parsonsfield  ;  J. 
Gilman,  York  ;  J.  W.  Nighles,  Minot. 

The  first  Medical  Society  of  Maine  seems  to  have  been 
discontinued  for  a  time,  and  a  new  association  formed,  of 
which  the  following  is  a  copy  taken  from  the  records : 

MAINE    MEDICAL    ASSOCIATION. 

Agreeably  to  a  call  addressed  to  a  portion  of  the  medical 
profession  of  Maine,  a  meeting  to  secure  a  permanent  or- 
ganization of  its  members  throughout  the  State  was  held 
at  the  Tontine  Hotel  in  Brunswick,  April  28,  1853.  Dr. 
James  McKeen,  of  Topsham,  was  chosen  chairman,  and 


Dr.  John  D.  Lincoln,  of  Brunswick,  secretary.  The  fol- 
lowing-named gentlemen  were  appointed  a  committee  to 
prepare  articles  of  organization,  viz.:  Drs.  Hill,  Briggs,  G. 
S.  Palmer,  Libby,  Fuller,  Garcelon,  and  Benson,  who  re- 
ported a  constitution  and  by-laws  which  were  adopted  by 
the  association  and  remained  in  force  till  they  were  super- 
seded by  the  present  revised  constitution  and  by-laws.  The 
members  named  in  the  original  organization  were  Isaac 
Lincoln,  James  McKeen,  Amos  Nourse,  Cyrus  Briggs,  T. 
G.  Stockbridge,  H.  H.  Hill,  Israel  Putnam,  Andrew  J. 
Fuller,  John  Benson,  Nathaniel  T.  Palmer,  C.  W.  Whit- 
more,  G.  S.  Palmer,  Ashur  Ellis,  John  Mathews,  Joseph 
W.  Ellis,  Cyrus  Kendrick,  Jr.,  George  E.  Brickett,  John 
D.  Lincoln,  Alonzo  Garcelon,  J.  W.  Toward,  R.  W.  Law- 
son,  Abial  Libby,  J.  F.  Stanley,  N.  R.  Boutelle,  John 
Hartwell,  Stephen  Whitmore,  and  Richard  P.  Jenness, 
with  such  other  gentlemen  as  may  hereafter  be  admitted  by 
the  majority  of  members  present  at  an  annual  meeting. 

The  association  was  incorporated  by  the  following  act  of 
the  Legislature  (Chap.  492),  approved  March  13,  1855 : 

"An  Act  to  Incorporate  the  Maine  Medical  Association. 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Legislature  assembled,  as  follows: 

"Section  1.  H.  H.  Hill,  John  Benson,  John  D.  Lincoln,  Gilman 
Daveis,  Joseph  W.  Ellis,  John  Hubbard,  James  McKeen,  Alonzo 
Garcelon,  H.  L.  K.  Wiggin,  John  Cook,  Sylvester  Oakes,  N.  C.  Har- 
ris, Alcander  Burbank,  William  Kilbourne,  J.  P.  Fessenden,  P.  Dyer, 
Edmond  R.  Russell,  Isaac  Lincoln,  John  T.  Gilman,  and  others,  who 
m.iy  be  elected  agreeably  to  the  rules  and  by-laws  hereafter  to  be  es- 
tablished, are  hereby  created  a  body  politic  by  the  name  of  the  Maine 
Medical  Association,  with  power  to  sue  and  be  sued,  to  have  a  common 
seal  and  to  change  the  same,  to  make  any  by-laws  not  repugnant  to 
the  laws  of  this  State,  and  to  take  and  to  hold  any  real  or  personal 
estate  to  the  value  of  fifty  thousand  dollars ;  and  to  give,  grant,  bar- 
gain, sell,  and  convey  the  same.  The  use  and  income  of  said  estates 
to  be  expended  and  appropriated  to  uses  consistent  with  the  objects 
of  said  Association,  and  as  the  members  thereof  shall  direct. 

"Sec.  2.  The  members  of  said  Association  may  elect  a  President, 
Vice-President,  Secretary,  Treasurer,  and  such  other  officers  as  they 
may  j  udgc  necessary  and  convenient,  determine  their  respective  duties, 
and  limit  the  term  of  their  oflices,  and  fill  any  vacancies  therein; 
and  the  President  and  such  other  ofiicers  as  they  may  direct,  is  hereby 
authorized  to  administer  to  the  ofiicers  oaths,  binding  them  to  the 
faithful  and  impartial  discharge  of  the  duties  of  their  several  ofiices. 

"Sec.  3.  At  any  annual  meeting,  and  at  no  other,  the  members 
of  the  Association  may  duly  elect  any  suitable  person  a  member  of 
said  Association  ;  provided,  that  no  person  shall  be  so  elected  who  has 
not  received  the  degree  of  doctor  in  medicine  from  some  medical  in- 
stitution duly  authorized  to  confer  the  same,  nor  unless  he  shall  have 
passed  a  successful  examination,  and  be  approved  by  the  censors  of 
this  Association  as  a  suitable  person  and  properly  qualified  to  become 
a  member  thereof. 

"  Sec.  4.  At  the  first  meeting  of  said  Association,  and  at  every 
annual  meeting  thereafter,  it  shall  be  the  duty  of  the  Association  to 
choose  such  number  of  censors  or  examiners  as  they  shall  deem  proper 
and  necessary  for  the  examination  of  candidates  for  election,  and 
every  candidate  examined,  approved,  and  elected,  shall  be  entitled  to 
receive  letters  testimonial,  which  the  Association  is  hereby  authorized 
and  empowered  to  confer,  in  accordance  with  its  by-laws  and  consti- 
tution. 

"Sec.  5.  Prior  to  the  adjournment  of  the  first  meeting,  and  of 
each  succeeding  meeting,  the  time  and  place  of  holding  the  next  suc- 
ceeding meeting  shall  be  designated,  and  when  the  Association  does 
adjourn,  it  shall  adjourn  accordingly. 

"Sec.  6.  The  first  meeting  of  said  Association  shall  be  held  in 
Belfast,  in  the  County  of  Waldo,  on  the  first  Wednesday  of  June,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five,  at 
ten  of  the  clock  in  the  forenoon. 

"  Sec.  7.     This  Association    shall    have    power    to    institute  local 


118 


HISTORY  OF   YORK   COUNTY,  MAINE. 


County  Societies  in  any  part  of  this  State,  when  they  may  be  satisfieii 
the  science  and  practice  of  Medicine  and  Surgery  will  be  benefited 
and  elevated  thereby,  and  to  annul  the  same  when  a  majority  of  the 
members  present  at  any  annual  meeting  shall  deem  its  beneficial  in- 
fluence to  have  ceased." 

MEMBERS    IN    YORK    COUNTY. 


Allen,  J.  L.,  Saco. 
Bacon,  Alvan,  Biddeford. 
Bird,  Arthur  S.,  Springval( 
Bradford,  A.  K.  P.,  Mollis. 


Bragdo 


Edmund,     Jr 


West 


Clark,  S.  0.,  Limerick. 

Day,  J.  F.,  Alfred. 

Dennett,  R.  G.,  Saco. 

Emery,  C.  J.,  Biddeford. 

Faunce,  N.  D.,  West  Buxton. 

Grant,  J.  P.,  Saco. 

Gross,  Charles  W.,  Acton. 

Hawkes,  Wilson  L.,  York. 

Hayes,  J.  A.,  Biddeford. 

Hill,  Luke,  Biddeford. 

Hill,  Hampton  E.,  Biddeford. 

Kurd,  E.  E.,  Lyman. 

Jaques,    Edwin   D.,    South   Ber- 

Jewett,  T.  H.,  South  Berwick. 
Kimball,  J.  E.  S.,  Saco. 
Libby,  Alvan,  Wells. 


Lord,  John,  Limington. 
Merrow,  A.  D.,  Acton. 
Meserve,  A.  K.  P.,  Buxton. 
Mulvey,  B.  C,  Saco. 
Moulton,  John  F.,  Limington. 
Nash,  Samuel  A.,  South  Berwick. 
Quinby,  Fred.,  Biddeford. 
Sawyer,  James,  Biddeford. 
Smith,  Dryden,  Biddeford. 
Staples,  G.  D.,  North  Berwick. 
Spear,  David  D.,  Kennebunk. 
Stevens,  E.  G.,  Biddeford. 
Stockwell,  Emmons  F.,  Alfred. 
Swasey,  William,  Limerick. 
Swasey,  AVilliam  B.,  Cornish. 
Sweat,  William,  HoUis. 
Sweat,  M.  E.,  North  Parsonsfield. 
Trafton,  C.  C,  Kennebunkport. 
Warren,  Francis  G.,  Biddeford. 
Wedgwood,  J.  T.,  Cornish. 
Wentworth,  Jacob  B.,  Wells. 
Wescott,  Wm.,  Kennebunkport. 
Willis,  J.  L.  M.,  Eliot. 


Dr.  William  B.  Swasey  was  oorrespondiug  secretary  in 
1872,  first  vice-president  in  1874,  and  delegate  to  the 
American  Medical  Association  in  1877. 

Dr.  A.  Libby  was  delegate  to  the  Vermont  Medical  As- 
sociation in  1873. 

Dr.  J.  L.  Allen  was  delegate  to  the  Vermont  Medical 
Association  in  187-1. 

Dr.  A.  K.  P.  Meserve  was  delegate  to  the  Connecticut 
Medical  Society  in  1875. 

Dr.  T.  A.  Jewett  was  delegate  to  the  Massachusetts 
Medical  Society  in  1876. 

PRESENT   PHYSICIANS   OF    SACO. 

The  present  physicians  of  Saco  are  Joseph  P.  Grant,  J. 
E.  L.  Kimball,  J.  L.  Allen,  A.  W.  Larrabee,  M.  W.  Hall, 
allopathic ;  S.  P.  Graves,  homoeopathic  ;  S.  C.  Libby, 
eclectic. 

Dr.  Joseph  P.  Grant  was  born  in  Saco,  March  11, 1813  ; 
studied  in  Buxton  and  Hollis,  and  graduated  at  the  Maine 
Medical  College  in  1837.  He  began  practice  in  Alfred 
in  1837,  and  afterwards  practiced  four  years  in  Falmouth, 
Me.,  when  he  removed  to  Saco,  where  he  has  been  in  the 
practice  of  his  profession  ever  since. 

Among  the  earlier  physicians  were  Drs.  John  A.  Berry, 
James  R.  Goodwin,  now  of  Portland,  and  George  Packard, 
who  changed  profession  for  the  ministry  of  the  Episcopal 
Church. 

Roscoe  G.  Dennett,  M.D.,  was  a  physician  at  Saco  from 
1862  to  1877,  the  time  of  his  death.  He  was  an  excellent 
physician,  a  member  of  the  Maine  Medical  Association,  and 
graduate  of  the  Maine  Medical  College  about  1862. 

In  1866,  Drs.  J.  0.  Moore  and  L.  F.  Morse  practiced  in 
Saco  ;  how  much  earlier  and  later  we  are  not  informed. 
Also  at  this  time  Dr.  N.  Brooks  was  practicing  in  Saco. 

J.  E.  L.  Kimball,  M.D.,  was  born  in  Pembroke,  N.  H., 


July  30,  1819  ;  studied  with  Dr.  Palmer,  and  graduated  at 
the  Vermont  Medical  College  in  1347.  Previous  to  com- 
mencing in  Saco,  in  1849,  he  practiced  one  year  in  Bald- 
win, Me.  Dr.  Kimball  was  in  the  army  as  the  surgeon  of 
the  27th  Maine  Regiment,  and  made  a  good  record  for  him- 
self. He  lias  a  large  practice  in  Saco,  and  is  a  member  of 
the  Maine  Medical  Association. 

Among  physicians  in  1849,  in  Saco,  were  Dr.  B.  C.  Mu- 
lony.  Dr.  H.  C.  Fessenden,  and  Dr.  Cushman,  who  after- 
wards became  a  Methodist  minister.  Henry  P.  C.  Green, 
M.D.,  came  here  afterwards  and  remained  in  practice  till 
his  death. 

Dr.  A.  W.  Larrabee  graduated  at  Westbrook  Seminary 
in  1870,  and  studied  medicine  with  Dr.  Weeks,  of  Port- 
land. After  attending  lectures  at  the  Maine  Medical  Col- 
lege, he  graduated  at  Dartmouth  Medical  School  in  1873. 
Dr.  Larrabee  was  born  in  Scarborough,  Aug.  20,  1852. 

BIDDEFORD   PHYSICIANS. 

The  following  is  a  list  of  the  present  physicians  in  Bid- 
deford :  Alvan  Bacon,  Horace  Bacon,  Addison  Brown,  C. 
J.  Emery,  H.  E.  Hill,  J.  A.  Lapointe,  R.  G.  Milliken,  J. 
Parker,  James  Sawyer,  Elbridge  Stevens,  Francis  G.  War- 
ren, F.  S.  Warren,  W.  B.  Whiting,  Frank  Quinby. 

HORACE    BACON,  M.D. 

Horace  Bacon,  M.D.  (Alvan*,  Alvan-'',  DanieF,  John'), 
born  in  the  town  of  Scarborough,  Cumberland  Co.,  Me., 
March  29,  1804,  is  fifth  in  descent  from  John  Bacon,  born 
in  1710,  and  who  died  1806.  His  father,  Alvan  Bacon,  born 
Sept.  27,  1771,  in  Charlton,  Worcester  Co.,  Mass.,  came  to 
Scarborough  during  the  latter  part  of  the  eighteenth  cen- 
tury, where  he  practiced  medicine  for  a  period  of  forty-five 
years,  and  where  he  died  Aug.  15,  1848.  He  was  a  very 
successful  practitioner,  a  great  favorite  with  the  people,  and 
a  man  generally  esteemed  for  his  intelligence,  sociability, 
and  sterling  integrity.  He  married,  in  October,  1800, 
Sally,  daughter  of  Capt.  John  Mulbury  Milliken,  of  Scar- 
borough, who  was  a  descendant  from  Hugh  Milliken,  the 
emigrant  settler  from  Scotland,  in  Boston,  about  1650. 
His  sou,  John  Milliken,  married  Elizabeth,  granddaughter 
of  Andrew  Alger,  in  1690,  and  settled  in  Scarborough  in 
1719.  He  purchased  the  interest  of  the  other  heirs  in  the 
Alger  estate,  and  held  the  property  under  an  Indian  title 
in  court  in  1730. 

Their  children  are  Horace,  subject  of  this  notice ;  Alvan 
Bacon,  M.D.,  of  Biddeford,  Me. ;  Sarah  (deceased),  wife 
of  the  late  Dr.  Seth  Larrabee,  of  Portland;  and  Mary 
(deceased),  wife  of  the  late  Rodley  D.  Hill,  of  Detroit, 
Mich. 

Dr.  Horace  Bacon  received  his  preliminary  education 
at  the  Saco  Academy,  studied  medicine  with  his  father, 
and  with  Prof  John  D.  Wells,  of  Boston,  and  graduated 
from  the  medical  department  of  Bowdoin  College  in  1825. 
In  March,  1826,  he  began  practice  in  Biddeford,  and  for 
ten  years  made  his  visits  to  patients  in  the  surrounding 
towns  on  horseback,  and  on  many  occasions  his  record 
shows  that  as  far  back  as  in  1837  he  made  thirty  visits  per 
day.  He  has  remained  in  continuous  practice  of  his  pro- 
fession where  he  first  settled  for  a  period  of  fifty-three 


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Plioto.  by  E.  H.  McKenney. 


t$^Z-<^-^to^  rf. /Z/ 0/71^^1^ 


His  great-grandfather,  Benjamin  Warren,  came 
to  Somersworth,  N.  H.,  from  England;  thenee  to 
Biddeford,  and  iu  1770  settled  in  Hollis,  Me.  His 
grandfather  was  Benjamin,  and  his  father,  Stepiien, 
born  in  Hollis,  in  1800,  married  Lavina  Yonng,  of 
Waterborough,  who  was  born  in  1803.  He  was  a 
farmer  through  life,  and  died  in  1873.  Of  his  two 
children,  Eunice  is  deceased. 

Dr.  Warren  was  born  in  Hollis,  March  4,  1828; 
received  a  good  education  in  boyhood,  and  at  the 
early  age  of  fourteen  became  a  teaciier.  He  con- 
tinued teaching  and  attending  school  until  he  was 
twenty  years  old,  and  in  the  mean  time,  at  the  age  of 
seventeen,  began  the  study  of  medicine  with  Dr. 
William  Swasey,  of  Limerick.  He  graduated  from 
the  medical  department  of  Bowdoin  College  at 
the  age  of  twenty,  and  the  same  year,  1848,  set- 
tled in  Pownal,  Cumberland  Co.,  j\Ie.,  in  practice. 
He  remained  tliere  for  seven  years,  and  in  1855 
settled  iu  Biddeford  in  the  practice  of  his  profession. 
In  1860  he  attended  Jefferson  Medical  College,  at 
Philadelphia,  from  which  he  graduated  in  1861. 
Returning  to  Biddeford,  he  was  appointed  assistant 
surgeon  of  the  5th  Maine  Regiment,  6tii  Corps, 
Col.  Mark  Dunnell  commanding,  and  in  June  of 
the  same  year  accompanied  the  regiment  to  the  front. 
To  give  an  outline  sketch  of  Dr.  Warren's  experi- 
ence in  the  army  would  be  to  narrate  in  detail  the 
suffering  in  every  way  of  thousands  of  wounded,  of 
the  marches,  privations,  and  battles,  in  the  thickest 
of  the  fight,  from  the  battle  of  Bull  Run  to  Peters- 


buri 


e  took  his  [ilace  in  the  field,  refusing  permanent 


hospital  service,  and  kept  it  as  long  as  he  was  in  the 
service.  He  performed  surgical  operations  during 
the  engagements  of  Bull  Run,  Peninsula  campaign, 
and  Antietam,  after  which  latter  engagement  he  was 
promoted  to  surgeon  of  the  regiment.  Dr.  Warren 
was  with  his  regiment  afterwards  in  the  battles  of 
Fredericksburg,  the  bloody  engagement  in  storming 
Mary's  Heights,  Rappahannock  Station,  Gettys- 
burg, Wilderness,  and  Petersburg,  and  of  the  eigh- 
teen hundred  soldiers  and  recruits  in  the  regiment, 
only  some  two  hundred  were  left  alive  to  return  to 
their  homes. 

During  his  term  of  service  Dr.  Warren  made 
upwards  of  four  hundred  amputations.  He  was 
mustered  out  of  the  service  July,  1864 ;  returned  to 
his  practice  in  Biddeford,  where  he  has  since  re- 
mained, giving  most  of  his  attention  to  surgery.  He 
is  known  as  a  skillful  and  safe  operator  in  surgery, 
and  his  large  and  varied  experience  in  the  army 
gives  him  a  place  among  the  first  in  the  county  and 
State.  Dr.  Warren  is  interested  in  all  local  enter- 
prises tending  to  the  prosperity  of  the  city.  He 
was  alderman  in  1871,  and  mavor  in  1872-74,  and 
1875. 

He  is  a  member  of  the  jSIaine  Medical  Association, 
of  Dunlap  Masonic  Lodge,  and  Bradford  Com- 
mandery.  He  married,  Nov.  16,  1848,  Harriet  N., 
daughter  of  Thomas  and  Marilla  (Welch)  Roberts, 
of  Brunswick,  Me.  He  has  one  son,  Frank,  who 
studied  medicine  with  his  father,  and  at  the  age  of 
twenty-one  graduated  at  Bowdoin,  in  1872,  and 
is  now  practicing  medicine  and  surgery  in  Bidde- 
ford. 


MEDICAL  PROFESSION. 


119 


years,  and  is  (in  1879)  the  senior  member  of  the  medical 
fraternity  in  actual  practice  in  York  County.  I)r.  Bacon 
is  familiarly  known  throughout  this  section  of  the  State  as 
a  skillful  physician  and  surgeon,  and  well  read  in  medical 
literature.  In  his  surgical  operations  he  has  shown  great 
ingenuity  in  inventing  and  constructing  his  own  instru- 
ments to  operate  with,  and  especially  for  operations  of  the 
eye  and  hare-lip.  His  acknowledged  professional  ability, 
his  great  experience  in  the  treatment  of  difficult  cases,  his 
care  in  administering  to  the  wants  of  the  sick,  and  his  great 
sympathy  for,  and  assistance  to,  those  from  whom  no  remu- 
neration could  possibly  be  expected,  have  given  him  the 
confidence  and  esteem  of  all  classes  of  the  community  where 
he  resides.  Dr.  Bacon  has  been  successful  in  his  practice 
from  the  first,  and  has  always  retained  friendly  relations 
with  his  medical  brethren.  Many  young  men  and  prac- 
ticing physicians  of  thirty  years'  experience  remember  the 
kindness  of  Dr.  Bacon  towards  them  when  they  first 
started  out  in  the  practice  of  medicine.  His  assistance,  his 
kind  and  encouraging  words,  were  examples  to  them,  be- 
speaking a  generous  and  sympathizing  nature,  as  they  met 


He  married,  April  22,  1828,  Mary  E.,  daughter  of  Ed- 
mond  and  Mary  (Hill)  Coffin,  of  Biddeford.  She  was  born 
July  25,  1807,  and  is  a  woman  of  great  moral  worth  and 
Christian  excellence.  Her  father  was  a  prominent  citizen 
of  Biddeford  ;  was  a  deputy  sheriff  of  the  county,  and  clerk 
of  Biddeford  from  180-1  to  1838. 

His  children  are  Henry,  a  graduate  of  Dartmouth  Col- 
lege, in  the  class  of  1854,  and  a  lawyer  by  profession  ; 
Charles,  a  jeweler  in  Dover,  N.  H. ;  Mary  ;  and  Horace,  a 
manufacturing  jeweler  in  Lowell,  Mass. 

ORREN   ROSS,    M.D. 

Orren  Ross,  M.D.,  eldest  son  of  Simon  and  l\Iary  (Perkins) 
Ross,  was  born  in  Kennebunk,  Sept.  14,  1812.  His  parents 
were  also  natives  of  the  same  place.  He  received  his  edu- 
cation in  the  common  schools  and  in  the  Kennebunk  and 
North  Bridgton  Academies.  At  the  age  of  fourteen  he 
was  apprenticed  to  Dixey  Stone,  a  grocer  of  Bridgton  Cen- 
tre, Me.,  with  whom  he  remained  until  he  was  twenty  years 
old,  when  he  began  trade  for  himself  at  Sweden,  Oxford  Co., 
Me.     After  about  two  years  in  business,  he  disposed  of 


insurmountable  obstacles  in  their  early  experience.  At  the 
age  of  seventy-five  his  energy  is  unremitting,  his  love. for 
the  faithful  discharge  of  his  professional  duties  constant, 
and  his  desire  to  do  good  to  the  suffering  remains  un- 
changed. Dr.  Bacon  has  been  interested  in  all  local  enter- 
prises tending  to  benefit  society,  and  for  the  growth  and 
prosperity  of  the  city  of  his  adoption,  and  little  connected 
with  business  outside  of  his  professional  labors. 

He  was  for  several   years  a  director  of  the  Old  York 
Bank,  and  for  a  few  years  carried  on  a  drug-store  in  Saco. 


his  stock  of  goods  and  was  engaged  as  a  teacher  of  penman- 
ship in  the  town  schools  until  1836.  During  that  year  he 
began  the  study  of  medicine  with  Dr.  Nathaniel  Pease,  of 
Bridgton,  and  after  three  years  graduated  in  the  medi- 
cal department  of  Bowdoin  College,  in  the  class  of  1839. 
Previous  to  his  graduation  he  had  taken  a  three-months' 
term  in  hospital  practice  at  JIcLean  Hospital,  Boston. 

In  1839  he  began  the  practice  of  medicine  at  Kenne- 
bunkport.  After  one  year  he  went  to  Lyman,  where  he 
remained  for  three  years,  and  after  three  years  more  prac- 


120 


HISTORY  OF  YORK  COUNTY,  MAINE. 


tice  in  the  northern  part  of  the  town  of  Kennebunk,  he 
removed  to  the  village  of  Kennebunk  in  1846,  where  he 
resides  in  1879,  having  spent  the  whole  of  this  time  in  the 
practice  of  his  profession.  In  1877,  by  over-exertion  and 
exposure,  he  became  prostrated  by  a  bilious  fever,  which  lefl 
his  nervous  system  considerably  impaired  and  unfitted  him 
for  the  duties  of  his  profession.  He  is  a  man  of  strong 
temperance  proclivities ;  never  used  tobacco  or  liquor.  He 
has  taken  such  strong  ground  on  the  temperance  question 
that  his  influence  in  his  own  family  has  resulted  in  strictly 
temperate  habits  in  his  children.  Dr.  Ross  was  formerly 
identified  with  the  Whig  party,  and  joined  the  Republican 
party  upon  its  organization.  Dr.  Ross  has  been  known  in 
his  profession  as  a  judicious  and  skillful  physician,  and  as  a 
man  of  strict  integrity  in  all  business  relations. 

He  married,  Oct.  14,  1840,  Elizabeth,  daughter  of  Daniel 
and  Sarah  (Walker)  Holden,  of  Sweden,  Me.  She  was 
born  in  Otisfield,  Cumberland  Co.,  Me.,  May  14,  1817. 
They  had  seven  children,  two  of  whom  died  in  infancy. 
Those  living  are  Annette,  wife  of  S.  T.  Fuller,  a  civil  engi- 
neer of  Philadelphia,  Pa. ;  Isabel,  wife  of  H.  B.  Thompson, 
of  Kennebunk;  Orren  S.,  a  civil  engineer  in  Philadelphia, 
Pa. ;  Frank  M.,  a  graduate  of  Jefierson  Medical  College, 
Philadelphia,  Pa.,  in  the  class  of  1873,  and  practicing 
medicine  in  Kennebunk ;  and  Florence  H.,  wife  of  James 
K.  Cross,  a  bank  oificial  in  Philadelphia,  Pa. 


CHAPTER  XXIX. 

"WAH    OF    THE    REBELLION. 

York  County  Soldiers  in  Different  Regiments  — Twenty-seventh 
Kegiment — Record  of  Officers — Bounties — Military  Record  of  Torli 
County  by  Towns. 

The  military  records  hereunto  appended  show  that  York 
County  was  represented  in  a  large  number  of  regiments 
during  the  late  war  of  the  Rebellion.  The  place  of  general 
rendezvous,  and  largely  of  enlistments  for  volunteers  from 
this  county,  was  the  city  of  Portland,  where  nearly  all  regi- 
ments into  which  York  County  men  entered,  as  well  as 
those  from  the  western  part  of  the  State  generally,  were 
made  up  and  sent  forward  to  the  seat  of  war.  The  fires  of 
patriotism  burned  as  ardently  here  as  in  any  other  portion 
of  the  great  North  at  the  outbreak  of  the  war  and  during 
its  continuance ;  the  people  of  this  county  felt  as  keenly 
the  insult  offered  to  the  flag  of  our  common  country,  when 
it  was  traitorously  shot  away  by  rebel  guns  from  the  ram- 
parts of  Fort  Sumter ;  the  great  crime  of  attempting  to 
break  up  the  Union  was  as  indignantly  execrated  by  the 
loyal  people  of  this  portion  of  Maine  as  by  those  of  any 
other  section  of  New  England  ;  and  when  the  call  came  for 
volunteers  to  maintain  the  integrity  of  the  government  and 
preserve  the  priceless  treasures  of  our  free  institutions,  the 
response  from  the  people  was  equal  to  the  demands  of  the 
occasion.  The  citizens  rallied  at  the  call  of  the  President, 
and,  with  an  alacrity  and  dispatch  never  equaled  in  the 
raising  of  an  army,  enlisted,  equipped,  and  sent  forward  their 
respective  quotas.  This  county  had  her  soldiers  in  the  fol- 
lowing regiments:    the  5th,   8th,   9th,   12th,  13th,   14th, 


15th,  16th,  17th,  18th,  20th,  25th,  27th,  .30th,  31st,  and 
32d  Regiments  Maine  Infantry,  extending  from  the  begin- 
ning to  near  the  close  of  the  war ;  in  the  7th  Battery  of 
Mounted  Artillery,  the  1st  and  2d  Cavalry,  the  1st  Regi- 
ment of  Veteran  Infantry,  the  29th  unassigned,  and  largely 
in  the  United  States  Army  and  Navy,  besides  many  who 
enlisted  in  New  Hampshire  and  other  States.  We  have 
aimed  to  give  as  complete  a  list  as  possible,  including  the 
foreign  enlistments,  so  far  as  it  has  been  practicable  to 
obtain  the  names  from  the  Adjutant-General's  reports  and 
other  sources. 

THE    TWENTY-SEVENTH     REGIMENT    MAINE   VOLUNTEER 

INFANTRY 
is    that   which   may  be  specially   denominated   the    York 
County  Regiment,  as  it  was  made  up,  with  but  very  few 
exceptions,  of  enlistments  from  the  different  towns  of  the 
county.    This  regiment  was  organized  at  Portland,  Sept.  30, 

1862,  with  the  following  field-,  staff-,  and  line-ofiicers : 
Rufus  P.  Tapley,  Colonel,  Saco. 

Mark  F.  Wentworth,  Lieutenant-Colonel,  Kittery. 

James  M.  Stone,  Major,  Kennebunk. 

Edward  M.  Rand,  Adjutant,  Portland. 

Lewis  O'Brien,  Quartermaster,  Saco. 

John  E.  L.  Kimball,  Surgeon,  Saco. 

Freeman  Hall,  Assistant  Surgeon,  North  Berwick. 

Calvin  L.  Hayes,  Sergeant-Major,  Kittery. 

John  Hall,  Quartermaster  Sergeant,  North  Berwick. 

William  H.  Tapley,  Commissary  Sergeant,  Saco. 

Ivory  M.  Hodsdon,  Hospital  Steward,  Saco. 

Charles  E.  York,  Drum-Major,  Biddeford. 

The  27th  Regiment  was  organized  to  serve  for  nine 
months.  It  left  Portland,  Oct.  20,  18C2,  for  Washington, 
and  arrived  in  that  city  on  the  22d,  where  it  remained  till 
the  26th,  and  then  marched  to  Camp  Chase,  on  Arlington 
Heights,  Va.  On  the  28th  the  regiment  removed  to  Camp 
Seward,  where  they  were  engaged  in  picket  duty  until  the 
12th  of  December,  when  they  marched  to  Camp  Vermont, 
south  of  Hunting  Creek,  Va.,  and  there  guarded  a  picket 
line  eight  miles  in  length,  extending  from  the  Potomac 
near  Mount  Vernon  to  the  Orange  and  Alexandria  Railroad. 
They  continued   in   that   duty  until   the   24th   of   March, 

1863,  on  which  day  they  moved  to  Chantilly,  Va.,  and 
commenced  picket  duty  on  the  outermost  line  of  infantry 
in  the  defenses  of  Washington.  On  the  25th  of  June 
they  returned  to  Arlington  Heights. 

The  term  of  service  of  the  regiment  having  expired, 
they  were  at  liberty  to  return  home  ;  but  a  large  portion,  at 
the  request  of  the  President  and  Secretary  of  War,  volun- 
teered to  serve  a  short  time  longer,  to  aid,  if  necessary,  in 
defending  the  capital  against  the  incursion  of  Gen.  Lee, 
who  had  at  that  time  commenced  the  invasion  of  Pennsyl- 
vania. On  the  4th  of  July  they  left  for  Maine,  and  arrived 
in  Portland  on  the  6th,  where,  on  the  17th,  they  were 
mustered  out  of  the  United  States  service. 

Company  A. — George  H.  Ward,  Saco,  Captain  ;  Samuel 
H.  Libby,  Limerick,  First  Lieutenant ;  Frank  L.  Harmon, 
Saco,  Second  Lieutenant. 

Company  B. — Isaac  P.  Fall,  South   Berwick,  Captain  ; 


RoscoE  G.  Denxett,  M.D.,  was  bom  in  Bux- 
ton, Me.,  Feb.  10, 1836.  His  grandfather,  Clement 
Dennett,  born  in  Scarborough  Jan.  10,  1763,  settled 
as  a  farmer  in  Buxton  December,  1786  ;  died  1841, 
Aug.  10;  married,  Jan.  3,  1793,  Mary,  daughter  of 
Samuel  Leavitt,  of  Buxton.  She  died  July  28, 
1863,  aged  ninety-four  years  and  fourteen  days.  His 
great-grandfather,  David  Dennett,  a  farmer,  born  in 
Portsmouth,  N.  H.,  March  15,  1727,  moved  to 
Scarborough  Oct.  3, 1768,  married  Dolly  Downing,  of 
Newington,  N.  H.  He  enlisted  in  the  Provincial 
service  Jan.  18,  1776  ;  left  on  foot  with  his  gun  for 
Boston,  and  never  returned.     Died  in  1778. 

His  father,  Daniel  Dennett,  of  Buxton,  was  born 
May  31,  1807,  and  married  Abigail  Giipatric,  of 
Biddeford.  He  had  six  sons,  viz. :  Liberty  B.,  now 
living  in  Deering,  Me.,  witii  law-office  in  Portland; 
Roscoe  G.,  second,  now  clerk  of  the  courts  in  Cum- 
berland County;  James  C,  died  in  1865,  aged 
eighteen  years;  Lora  D.,  studied  in  Portland  Medi- 
cal School ;  Samuel  C,  a  farmer  on  the  homestead 
in  Buxton  ;  and  Roscoe  G.,  the  subject  of  this  sketch. 
The  latter  received  his  preparatory  education  in 
Limerick  and  Standish  Academies;  studied  medicine 
with  Dr.  J.  A.  Berry,  and  graduated  at  Bowdoin 
Medical  College  in   1862.     He  beg-an   practice  im- 


mediately in  Saco,  where  he  continued  an  ornament 
to  the  profession  till  his  decease,  which  occurred 
Dec.  14,  1878. 

Dr.  Dennett  was  city  physician,  1868,  alderman, 
1873,  member  of  the  Board  of  Health,  1874,  1875, 
1876,  1877  ;  was  a  member  of  the  Masonic  Lodge, 
and  Royal  Arch  Chapter,  and  president  of  the  York 
Institute. 

Dr.  Dennett  married,  Sept.  1,  1863,  Annie  O., 
youngest  daughter  of  Dr.  Berry.  She  was  born 
Feb.  19,  1839.  By  this  marriage  there  were  three 
children :  James  Vaughan,  born  Sept.  26,  1867 ; 
William  Hartley,  born  Sept.  15,  1870;  Bessie 
Greeley,  born  June  13,  1875;  died  Dec.  14,  1878. 
Dr.  Dennett  died  July  3,  1877,  after  a  long  ill- 
ness. 

We  take  the  following  extract  from  a  notice  of 
his  death  in  the  Saco  paper: 

"  He  was  a  man  universally  respected  and  es- 
teemed by  all  who  had  the  honor  and  pleasure  of 
his  acquaintance.  He  was  a  gentleman  in  every 
sense,  a  thorough  scholar,  and  in  his  profession 
eminently  successful.  He  leaves  a  wife  and  three 
children,  and  a  host  of  friends  to  mourn  his  death. 
Of  him  it  can  truly  be  said,  '  none  knew  him  but 
to  love  him.' " 


WAR  OP   THE   REBELLION. 


Moses  S.  Hurd,  South  Berwick,  First  Lieutenant;  Lysan- 
der  B.  Younjr,  South  Berwicic,  Second  Lieutenant. 

Company  C. — John  D.  Hill,  Buxton,  Captain  ;  John  H. 
Came,  Buxton,  First  Lieutenant ;  Joseph  F.  Warren,  Hol- 
lis.  Second  Lieutenant. 

Company  D. — David  B.  Fullerton,  Berwick,  Captain  ; 
Thomas  Sherman,  Jr.,  Lebanon,  First  Lieutenant;  Fred- 
erick S.  Bryant,  Kennebunkport,  Second  Lieutenant. 

Company  £■.— John  M.  Getchell,  Wells,  Captain;  Wil- 
liam H.  Miller,  Sanford,  First  Lieutenant ;  Joseph  E.  Chad- 
bourn,  Wells,  Second  Lieutenant. 

Company  F. — Jeremiah  Plummer,  Biddeford,  Capt^iin  ; 
Amos  W.  Page,  Biddeford,  Firet  Lieutenant;  John  W. 
Perkins,  Biddeford,  Second  Lieutenant. 

Company  G. — Edmund  A.  Dixon,  Eliot,  Captain  ;  Jo- 
.seph  D.  Parker,  Kittery,  First  Lieutenant;  Dennis  M. 
Shapleigh,  Kittery,  Second  Lieutenant. 

Company  H. — Henry  F.  Snow,  Cornish,  Captain  ;  Al- 
mond 0.  Smart,  Parson.sfield,  First  Lieutenant ;  Ralph  K. 
Hussey,  Acton,  Second  Lieutenant. 

Company  I. — Seth  E.  Bryant,  Kennebunk,  Captain  ; 
Noah  Gould,  Lyman,  First  Lieutenant ;  Henry  B.  Osgood, 
Alfred,  Second  Lieutenant. 

Company  K. — William  H.  Johnson,  Waterborough, 
Captain  ;  Frank  A.  Hutchins,  Kennebunkport,  First  Lieu- 
tenant;  John  McJellison,  Shapleigh,  Second  Lieutenant. 

The  record  of  each  man  in  this  regiment  will  be  found 
in  alphabetical  order,  under  the  head  of  the  town  to  which 
he  belonged. 

RECORD    0\   COMMISSIONED    OFFICERS. 
Col.  Rufus  Tapley,  remained  in  service  till  Jan.  23,  lSfi3. 
Lieut.-Col.  Mark  F.  Wentworth,  promoted  to  colonel. 
Maj.  James  M.  Stone,  promoted  to  lieutenant-colonel. 
Q.M.  Sergt.  John  Hall,  promoted  to  second  lieutenant  Company  E, 

Dec.  31,  1S62. 
Hosp.  Steward  Ivory  M.  Hodson,  Jan.  27,  1863. 
Second  Lieut.  Lysander  B.  Young,  resigned  Feb.  to,  1S63. 
Sergt.  Joseph  F.  Chase,  promoted  to  second  lieutenant,  March  1,  1S63. 
Uiipt.  John  D.  Hill,  promoted  to  major,  Jan.  30,  1863. 
First  Lieut.  John  H.  Came,  died  Jan.  16,  1863. 
Second  Lieut.  Joseph  F.  Warren,  promoted  to  first  lieutenant  and  to 

captain. 
Sergt.  William  Milliken,  Jr.,  promoted  to  second  lieutenant. 
First  Lieut.  Thomas  Sherman,  resigned  Feb.  4,  1S63. 
Second  Lieut.  Frederick  S.  Bryant,  promoted  to  first  lieutenant,  March 

1,  1863. 
Sergt.  Frederick  Hayes,  promoted  to  second  lieutenant,  March  I,  1863. 
First  Lieut.  William  H.  Miller,  resigned  Dec.  16,  1862. 
Second  Lieut.  Joseph  E.  Chadbourne,  promoted  to  first  lieutenant. 
Capt.  Henry  F.  Snow,  honorably  discharged,  Nov.  19,  1 862. 
First  Lieut.  Almond  0.  Smart,  promoted  captain,  Nov.  20,  1862. 
Sergt.  Edmund  Bragdon,  Jr.,  promoted  to  second  lieutenant,  Jan.  15, 

1863. 
Corp.  Otis  F.  Russell,  promoted  to  chaplain,  Jan.  30,  1S63. 
Capt.  Seth  E.  Bryant,  resigned  Nov.  24,  1862. 
Second  Lieut.  Henry  B.  Osgood,  promoted  to  first  lieutenant. 
Sergt.  Henry  Littlefield,  promoted  to  second  lieutenant. 
Capt.  William  H.  Jordan,  honorably  discharged,  Jan.  28.  1863. 
First  Lieut.  Frank  H.  Hutchins,  promoted  to  captain. 
Second  Lieut.  John  McJellison,  honorably  discharged,  Feb.  15,  1863. 
Sergt.  Horace  L.  Piper,  promoted  to  second  lieutenant. 
Sergt.  Henry  J.  Goodwin,  promoted  to  first  lieutenant. 

To  trace  out  at  this  late  day  the  York  County  men  who 
did  gallant  and  honorable  service  in  other  regiments  would 
be  impossible. 
16 


GEN.    W1LLI.\M    .M.    M^ARTIIUR. 

Gen.  William  M.  McArthur,  of  Limi 


n,  at  the 
company 


outbreak  of  the  Rebellion,  in  April,  1861,  raised 
at  his  own  expense,  which  was  disbanded  in  May.  In  Sep- 
ber,  1861,  he  raised  another  company,  and  was  mustered 
into  the  United  States  service  as  captain  of  Company  I, 
8th  Maine  Volunteers,  in  the  same  month,  and  with  his 
regiment  formed  part  of  the  Port  Royal  expedition  under 
General  Sherman  and  Admiral  Dupont.  In  the  spring  of 
1862,  at  the  reduction  and  capture  of  Fort  Pulaski,  Georgia, 
Capt.  McArthur  had  command  of  the  entire  detail  from  his 
regiment,  and  when  a  boat  was  sent  by  the  general  com- 
manding to  accept  the  surrender  of  the  fort,  another  boat 
was  sent  over  with  the  regimental  colors  of  the  8th  Maine, 
under  charge  of  Capt.  McArthur,  in  recognition  of  his  ser- 
vices and  those  of  his  men  in  Battery  Sigel.  The  general 
commanding,  in  his  report  to  the  Secretary  of  War,  says, — ■ 

■'  Capt.  McArthur,  of  the  Sth  Maine  Vols.,  being  highly  praised  by 
different  officers  who  witnessed  his  successful  management  of  his  men 
at  the  batteries,  deserves  my  commendation." 

In  the  summer  and  fall  of  1863,  Capt.  McArthur  was 
made  provost-marshal  of  the  important  military  post  of 
Hilton  Head,  S.  C,  the  base  of  operations  against  Charles- 
ton. In  March,  1864,  the  regiment  was  ordered  to  Vir- 
ginia, and  Capt.  McArthur  was  commissioned  major.  Maj. 
McArthur  commanded  the  regiment  during  the  latter  part 
of  the  battle  of  Drury's  BluflF  ( Col.  Boynton  having  been 
wounded),  also  at  Gill's  Farm,  and  specially  distinguished 
himself  at  Cold  Harbor  and  before  Petersburg,  June  13, 
16,  17,  and  18,  1864.  On  the  18th  of  June,  Maj.  Mc- 
Arthur was  severely  wounded,  but  rejoined  his  regiment  in 
August,  before  his  wound  was  healed.  He  soon  after  was 
commissioned  lieutenant-colonel.  At  the  battle  near  the 
old  Fair  Oaks  battle-ground,  Lieut.-Col.  McArthur  was 
most  conspicuous  for  his  intrepid  bravery.  He  had  the 
charge  of  the  skirmish  line  when  nearly  half  of  the  line 
were  killed  or  wounded.  At  Spring  Hill,  in  December, 
1864,  he  commanded  the  fort,  and  conducted  its  defense 
when  it  was  surrendered  by  Longstreet's  corps ;  was  com- 
missioned colonel  in  March,  1865,  and  atler  the  taking  of 
Richmond  commanded  the  military  post  at  Manchester, 
Va.,  until  November,  1865  ;  was  then  placed  in  command 
of  the  sub-district,  Camp  Hamilton  and  Hampton,  Va., 
until  his  muster  out  of  the  United  States  service.  On 
leaving  the  service  Col.  McArthur  was  brevetted  brigadier- 
general  upon  the  recommendation  of  Gen.  Terry. 

Gen.  McArthur  was  slightly  wounded  in  several  actions 
with  the  enemy,  but  declined  to  report  himself  He  was 
also  specially  named  in  the  official  reports  of  many  of  the 
actions  in  which  he  was  engaged,  for  his  coolness  and 
bravery. 

CAPT.    GEORGE   A.    DEERING. 

Capt.  George  A.  Deering,  of  Saco,  received  a  recruiting 
commission  from  Governor  Washburn  in  June,  1862,  and 
at  once  proceeded  to  recruit  men  for  the  new  regiments 
then  being  raised.  In  August  of  that  year  he  was  mus- 
tered into  the  service  at  Augusta,  by  Maj.  Gardiner,  as 
second  lieutenant  of  Co.  F,  16th  Maine  Volunteers.  He 
participated   in   the   first   battle  of  Fredericksburg,  under 


HISTORY   OF   YORK    COUNTY,  MAINE. 


Gen.  Burnside,  on  the  13th  of  December  of  that  year,  and 
for  meritorious  conduct  on  that  occasion  was  promoted  to 
firet  lieutenant.  He  also  shared  in  all  the  battles  of  the 
Army  of  the  Potomac  up  to  the  battle  of  Gettysburg.  In 
that  battle  he  had  command  of  Companies  F,  D,  and  A, 
and  late  in  the  afternoon  of  the  1st  of  July,  after  the  fall 
of  his  corps  commander.  Gen.  Reynolds,  he,  together  with 
hi.s  entire  command,  was  captured  by  the  enemy  and 
marched  through  the  Shenandoah  Valley  to  Richmond, 
where  he  was  confined  in  Libby  prison  for  ten  months. 
He  was  afterwards  sent  to  Macon,  Ga.,  thence  to  Savannah, 
and  finally  to  Charleston,  S.  C,  where,  during  the  months 
of  August  and  September,  he,  with  other  Union  ofiicers, 
was  confined  in  the  jail-yard,  under  the  fire  of  the  guns 
from  Gen.  Gillmore's  batteries  on  Morris  Island.  He  was 
then  removed  to  Columbia,  S.  C,  where  he  remained  until 
Dec.  10,  1864,  when,  after  having  been  subjected  to  relel 
cruelty,  imprisonment,  and  privation,  he  was  so  fortunate  as 
to  effect  his  escape  by  assuming  the  name  of  a  commis- 
sary sergeant  of  an  Ohio  regiment  who  had  died  or  was 
not  present  to  answer  to  his  name  at  roll-call.  During  his 
imprisonment  he  was  promoted  to  the  captaincy  of  his  old 
company  (F),  but  his  health  had  become  so  much  impaired 
by  his  confinement  in  Southern  prisons  that  he  did  not  re- 
join his  regiment  till  May  1,  1865,  and  was  mustered  out 
of  service  at  Washington  in  June  following. 

From  the  Bowdoin  College  roll  of  honor  in  the  late  war 
we  take  the  following : 

CAPT.    JAMES    F.    MILLER. 

Born  in  Hollis,  1832 ;  graduate  of  Bowdoin,  1856 ; 
studied  law  and  commenced  practice  in  Portland  ;  was  ap- 
pointed   aid-de-camp    to    Governor     Washburn,    January, 

1861  ;  commanded  for  a  time  the  7th  Maine,  at  Baltimore ; 
was  assistant  adjutant-general,  with  rank  of  captain,  Au- 
gust, 1862,  and  under  Gen.  Shepley  was  assistant  adjutant- 
general  and  acting  Secretary  of  State  of  Louisiana  ;  was 
appointed  acting  mayor  of  New  Orleans,  February,  1863  ; 
April,  1864,  accompanied  Gen.  Shepley  to  the  Department 
of  Virginia  and  North  Carolina ;  resigned  from  ill  health, 
July,  1864. 

COL.    HORACE    H.  BURBANK. 

Born  in  Limerick,  October,  1838  ;  graduated  at  Bowdoin, 
1860  ;  began  the  study  of  law  ;  served  as  a  private  in  27th 
Maine ;  was  appointed  quartermaster  sergeant,  December, 

1862  ;  was  among  those  who  volunteered  to  serve  after 
their  time  had  expired  for  the  defense  of  Washington, 
during  the  invasion  of  Pennsylvania  by  Gen.  Lee,  in  June 
and  July,  1863  ;  commissioned  captain  of  the  32d  Maine  ; 
taken  prisoner  at  the  esplosioli  of  the  mine  in  front  of 
Petersburg,  May,  1864,  and  confined  at  Danville,  Va.,  and 
Columbia,  S.  C,  seven  months  ;  escaped  and  joined  Sher- 
man's army;  the  31st  and  32d  Regiments  being  consoli- 
dated, became  captain  of  the  31st  Maine,  April  27,  1864, 
and  was  discharged  with  the  regiment.  May  15,  1865. 

In  this  same  regiment  were  Capt.  Isaac  P.  Fall,  of  South 
Berwick  ;  First  Lieut.  John  G.  Whitten,  of  Alfred  ;  Second 
Lieuts.  William  B.  Pierce  and  Albion  L.  Durgin,  of  Bid- 
deford. 

Others  who  entered  the  service  from  Bowdoin  CoUea-e, 


natives  of  this  county,  were  John  Deering,  born  at  Saco, 
December,  1842 ;  enlisted  in  the  13th  Maine,  January, 
1862,  and  was  discharged  for  disability  in  August,  1862. 
Calvin  L.  Hayes,  born  in  Kittery,  March,  1842  ;  enlisted  as 
a  private  in  1st  Maine;  sergeant-major  27th  Maine,  Sep- 
tember, 1862;  adjutant  32d  Maine.  James  A.  Bedell, 
born  in  South  Berwick,  April,  1839;  entered  the  army, 
and  died  in  the  service. 

Returns  of  bounties  paid  by  towns  of  York  County,  from 
the  beginning  of  the  war  to  Feb.  1,  1864: 


Acton $11,780.00       Limerick S12,154.00 

Alfred 12,900.00       Limington 15,500.1)11 

Berwick 17,908.00       Lyman 12,440.00 

liid.lelord 62,925.00       Newfield U.OoO.iMi 

Buxton _.  28,810.00       North  Berwick 21,2iMi.ii(i 

Cornish 7,800.00       Parsonsfield 17.2uii.i)ii 

Dayton 4,400.00       Saco 4t.4ilii.i>ii 

Eliot 24,005.00       Shaplcigh IS.yilU.UO 

Hollis..„ 18,288.00       S.inford 21,840.00 

Kennebunk 22,825.00       South  Berwick 30,600.00 

Kcnnebunkport 28,768.35       Waterborough 19,909.00 

Kittery 38,964.00       Wells 44,950.00 

Lebanon 29,564.00       York 41,029.00 


.  as  sub.  March  23,  1865. 
must.  Sept.  30,  1862 ;  disch. ' 


ith  company, 


it.  Sept.  30,1862;  disch.  with  company. 
Sept.  2, 1861 ;  pro.  to  corp. ;  disch.  June 


ROSTER  OF    SOLDIERS    FROM   YORK  COUNTY  IN 
THE  WAR  OF  THE  REBELLION. 

ACTON. 
Avery,  Charles  H.,  Co.  H,  12th  Inf.;  must.  Nov.  15,  1S61  ;   disch.  March  12, 

1864. 
Avery,  Lorenzo,  Co.  H,  12th  Inf. ;  must.  Nov.  15, 1861 ;  disch.  July  9, 1864. 
Applebee,  Thomas  W.,  Co.  B,  6th  Inf.;  mast.  June  24,  1861  ;  detached  to  q.m 

dept.,  1863;  disch.  withregt.,  July  27,  1864. 
Avery,  Thomas  H.,  Co.  H,  13th  Inf.;  must.  November,  1861. 
Arey,  Lorenzo,  Co.  F,  12th  Inf.;   must.  1861. 
Bekker,  John,  Co.  C,  15th  Inf  ;  mu 
Brown,  Lorenzo  F.,  Co.  H,  27th  Inf. 

July  17, 1863. 
Buzzell,  Jacob  L.,  Co.  H,  27th  Inf. ; 
Chapman,  Rufus,  Co.  F,  8th  Inf.;  n 

11,  1865. 
Chute,  Albion,  Co.  H,  27th  Inf;  must.  Sept.  30,  1862;  disch.  with  company. 
Clarke,  John  E.,  Co.  H,  27th  Inf  ;  must.  Sept.  30,  1862;  disch.  with  company. 
Drew,  Theodore  H.,  musician,  Co.  F,  8th  Inf;  must  Sept.  7,  1861 ;  re-enl. ;  died 

June  7,  1865. 
Dryer,  Henri,  Co.  C,  1st  Vet.  Inf.;  substitute  ;  must.  Jan.  2,  1865;  disch.  with 

company. 
Fox,  Alfred  W.,  Co.  F,  8th  Inf;  must.  Sept.  7,  1861;  disch.  on  expiration  of 

term  with  old  members  of  company. 
Finn,  John,  Co.  G,  15th  Inf ;  must.  Feb.  9, 1865. 
Gerrish,  Noah  W.,  Co.  H,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  witb-com- 

pany. 
Gowell,  Benjamin,  Co.  H,  27th  Inf;  must.  Sept.  30,  1862;  disch.  with  company. 
Grant,  George  W.,  Co.  H,  27th  Inf;  must.  Sept.  30, 1862  ;  disch.  with  company. 
Goodwin,  Charles  W.,  Co.  D,  8th  Inf ;  must.  Sept.  2, 1862 ;  pro.  to  Corp. ;  disch. 

June  12,  1865. 
Goodwin,  Hiram  L.,  Co.  D,  8th  Inf;  must.  Aug.  16,  1863;  wounded  May  20, 

1864;  disch.  June  12,  1866. 
Garvin,  Samuel  H.,  sergt.,  Co.  H,  27th  Inf;  must.  Sept.  30,  1862;  disch.  with 

Goodwin,  Calvin,  Co.  D,  8tb  Inf;  must.  Sept.  13,  1862,  June  25;  missing  Sept. 

17. 1864. 

Healey,  Terrance,  Co.  A,  15th  Inf 

Hussey,  Kalph  II.,  Co.  H,  27th  Inf  ;  must.  Sept.  30,  1862 ;  pro.  to  2d  lieut.,  Nov. 

20,  1862. 
Horn,  Kufus  A.,  Co.  H,  27th  Inf  ;  must.  Sept.  30, 1862  ;  disch.  June  20,  1864. 
Hord,  Edwin,  Co.  H,  27th  Inf:  must.  Sept.  30, 1862;  disch.  with  company. 
Hurd,  George,  Co.  H,  27th  Inf ;  must.  Sept.  30, 1862 ;  disch.  with  compauy. 
Hurd,  Sylvester,  Co.  H,  27th  Inf;  must.  Sept.  30. 1862. 
Jones,  Frederick,  Co.  I,  1st  Vet.  Inf;  must.  April  13, 1864;  wounded  Sept.  19  , 

1864. 
Lanuon,  John,  Co.  A,  Ist  Cav.;  must.  Feb.  19,  1864;  missing. 
Lord,  Charles  E.,  Co.  H,  27th  Inf;  must.  Sept.  30,  1S62;  disch.  with  company  ■ 
Loud,  Elbridge,  Co.  H.,  27th  Inf  ;  must.  Sept.  30, 1862 ;  disch.  with  company. 
Maloney,  Walter,  Co.  G,  loth  Inf;  must.  Feb.  9,  I860. 
Meikle,  Alexander,  Co.  — ,  unassigned  Inf  ;  must.  April  25,  1865  ;  disch.  May 

19. 1865. 

Marsh,  Brackett  D.,  Co.  D,  27th  Inf;  must.  Oct.  15;  missing  Oct.  19, 1S62. 
Nason,  John,  Co.  F,  8th  Inf ;  must.  Sept.  2, 1862 ;  trans,  to  Navy,  1863. 
Penny,  Winthrop  N.,  Co.  D,  8th  Inf  ;  must.  Aug,  16,1862. 

Pray,  Joseph,  Co.  F,  8th  Inf;  must.  Aug.  6, 1862:  died  at  Hilton  Head,  June 
24, 1863. 


WAK   OF   THE   REBELLION. 


Perkins,  George,  Co.  H,  27lh  Inf.;  must.  Sept.  30, 1862;  liisch.  with 

Pray,  Robert  0.,  Co.  F,  8tli  Inf.;  must.  Aug.  23,  1862;  died  at  Hilton  Head, 
July  23,  186.3. 

Prescott,  Geo.  L.,  unHSsigned  Inf.;  must.  April  25,1865;  disch.  May  19,  1865. 

Eines,  George  W.,  Corp.,  Co.  H,  27tli  Inf. ;  must.  Sept.  30, 1862 ;  disch.  with  com- 
pany. 

Reynolds,  Jacob  P.,  Corp.,  Co.  F,  8tli  Inf.;  must.  Sept.  7,  1861;  pro.  to  sergt.; 
disch.  with  old  company. 

Ricker,  George  E.,  Co.  H,  2d  Cav. ;  must.  Dec.  16, 1864;  disch.  Dec.  6, 1865. 

Sanborn,  Charles  E.,  Co.  K,  13th  Inf. ;  must.  Dec.  13, 1861. 

Sanborn,  Charles  P.,  Co.  H,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with  com- 
pany. 

Stevens,  Joliu  H.,  Co.  B, 5th  Inf.;  must.  June  24,  1861;  pro.  to  l«t  licut.,  Co.  D, 

Tuttle,  Edwin,  Co.  11, 13th  Inf.;  must. Not.  15, 1861. 

Wentworth,  Orange,  Co.  F,  8th  Inf.  ;  must.  Sept.  29, 1862;  disch.  June  11,1865. 

Wiley,  Samuel  S.,  Co.  D,  8th  Inf. ;  must.  Aug.  23, 1862. 

Wentworth,  Lewis  H.,  Co.  H,  27th  Inf. ;  must.  Sept.  30, 1862;  disch.  with  com- 
pany. 

Wentworth,  William,  Co.  H,  27th  Inf  ;  must.  Sept.  30,  1862;  disch.  with  com- 
pany. 

Wiggin,  Mark  N.,  Co.  H,  27th  Inf.;  must.  Sept.  30, 1862;  disch.  with  company. 

Witham,  Josiah  W.,  Jr.,  Co.  H,  27th  Inf.;  must.  Sept.  30,1862;  disch.  with  corn- 


Young,  John  W.,  Co. 


Stii 


March  31,  1862;  pro.  to  Corp.,  Ju 


7,  1864. 


1863  ;  died  at  Andersouville  prison,  Sept.  S,  1864. 

FOREIGN  ENLISTMENTS. 
Applebee,  William  H.,  9th  New  Hampshire  Infantry. 
Avery,  Lorenzo,  4th  New  Hampshire  Infantry. 
Brackett,  Cyrus  H  ,  2d  New  Hampshire  Infantry. 
Butler,  Wentworth,  6th  New  Hampshire  Infantry. 
Downes,  Paul  H.,  6th  New  Hampshire  Infantry. 
Farnbam,  Caleb  M.,  9th  New  Hampshire  Infantry. 
Farnham,  Hezekiah,  9th  New  Hampshire  Infantry. 
Huntress,  Loienzo  D.,  4th  New  Hampshire  Volunteers. 
Lord,  Moses  H.,  Illinois  Regt. 
Merrow, Thomas  R.,  12th  Massachusetts  Infantry. 
Miller,  Charles  E.,  4th  New  Hampshire  Infantry. 
Farnham,  Paul,  U.  S.  Navy 

ALFRED. 
Bean,  Rnfns,  Co.  K.  13th  Inf.;  must.  Dec.  31,  1861 ;  disc 
Bracey,  Charles  W.,  Co.  F,  8th  Inf.;  must.  Feb.  23,  1864;  pro.  to  Corp. 
Bracey,  John,  Co.  I,  27th  Inf. ;  must.  Sept.  30, 1862;  disch.  with  company,  July 

17,  1863. 
Brown,  James  H.,  Co.  I,  27th  Inf. ;  must.  Sept.  30, 1862 ;  trans,  to  Navy,  Aug.  1, 

1864. 
Blanchard,  Stephen,  Corp.,  Co.  I,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with 

company. 
Bracy,  Benjamin  F.,  Co.  F,  32d  Inf.;  must.  April  5,  1864;  trans.  Dec.  1,  1864. 
Bardsley,  Wright,  8th  Inf.;  must.  Sept.  16, 1S62. 
Cluff,  Eben,  Co.  I,  1st  Cav. ;  must.  Oct.  31, 1861 ;  disch.  March  10,  1862 ;  re-enl. 

Co.  I,  27th  Inf  ;  must.  Sept.  30,  1862;  disch.  Dec.  23, 1862. 
Cluff,  George  W.,  Co.  I,  27th  Inf. ;  must.  Sept.  30, 1862 ;  disch.  with  company. 
Downs,  Lyman  C,  Co.  F,  8th  Inf. ;  must.  September,  1861 ;  nurse  in  hosp.,  1863 ; 

re-enl.  Feb.  29, 1864 ;  pro.  bugler. 
Doieg,  Thomas,  Co.  I.  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with  company. 
Doxey,  John,  Co.  I,  1st  Cav.;  must.  Oct.  31, 1861;  disch.  Nov.  25, 1864. 
Friend,  Tyler  B.,  Co.  F,  1st  Cav.;  must.  Aug.  13, 1862;  disch.  May  28,  1865. 
Fergusou,  Charles  H.,  Co.  1, 1st  Cav. ;  must.  Oct.  31, 1861 ;  prisoner  May  2, 1863 ; 

exchanged  ;  pro.  Corp. ;  disch.  Nov.  25, 1864. 
Goodrich,  John  H.,  Co.  I,  1st  Cav. ;  must.  Oct.  31, 1861 ;  disch.  Nov.  25, 1864. 
Harmon,  Frederick  M.,  Corp.,  Co.  I,  27th  Inf.;  mnst.  Sept.  30, 1862;  disch.  with 

company. 
Johnson,  George  A.,  7th  Bat.  M.  Art.;  must.  Dec.  30, 1863;  discharged. 
Moulton,  Erastus,  sergt.,  Co.  I,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with 

Moulton,  Chas.  H.,  Co.  I,  27th  Inf.;  must.  Oct.  17, 1862;  disch.  with  company. 
Morgan,  Michael,  Co.  — ;  recruit  unassigned  ;  most.  Sept.  12, 1862. 
McLellan,  George  A.,  sergt.,  7th  Bat.  M.  Art ;  must.  Dec.  30, 1863;  disch.  with 

company. 
Nason,  William  H.,  Co.  I,  27th  Inf. ;  must.  Sept.  30,  1862 ;  disch.  with  company. 
Osgood,  Henry  B.,  2d  lieut.,  Co.  I,  27th  Inf.;  must.  Sept.  30,  1862;  pro.  to  Ist 

lieut.;  disch.  with  company. 
Rowe,  George  W.,  Co.  F,  8th  Cav.;  must.  Fob.  23,  1863;  died  in  Milton,  Ga., 

prison,  December,  1864. 
Rowell,  Wm.  W.,  Co.  H,  Slst  Inf. ;  must.  April  21, 1864 ;  trans,  to  C.j.  H  ;  disch. 

with  company. 
Rowell,  William  0.,  14th  Inf.,  1861 ;  re-enl.  Co.  F,  31st  Inf. ;  must.  Apr.  4, 1864 ; 

pro.  musician;  disch.  with  company. 
Rowe,  Charles  C,  Co.  F,  8th  Inf.;  must.  Sept.  7,  1861 ;  wounded  June  3,  1864; 

disch.  June  1, 1865. 
Rowe,  William,  Co.  F,  8th  Inf.;  must.  Aug.  26,  1862;  re-onl.  Feb.  29,  1S64  ; 

wounded  June  3, 1864;  disch.  June  11, 1865. 
Rowe,  William,  Co.  I,  1st  Cav.;  must.  Oct.  31,  1861. 


Ridley,  Joseph  H.,  Co.  I,  27th  Inf.;  must.  Sept.  30, 1862;  disch.  with  company. 
Roberts,  Alva,  Co.  I,  27th  Inf. ;  must.  Sept.  30, 1862  ;  disch.  with  company. 
Roberts,  Luke  H.,  Co.  I,  27th  Inf. ;  must.  Sept,  30,  1862 ;  pro.  to  Corp. ;  disch. 

Roberts,  Byron,  1st  sergt.,  Co.  M,  2d  Cav. ;  Sept.  2,  1864. 

Roberts,  John  H.,  lieut.,  Co.  F,  8th  Inf. ;  must.  Sept.  7, 1861. 

SWnley,  John  R.,  Co.  I,  27th  Inf. ;  mnst.  Sept.  30, 1862;  disch.  with  company. 

Shackford,  Gilmali,  Co.  B,  8th  Inf.;  must.  Aug.  22,  1862;  died  from  wounds, 
Aug.  18,  1864. 

Smith,  Samuel  C,  Co.  1, 1st  Cav. ;  must.  Oct.  31,  1861 ;  pro.  to  Ist  sergt.,  Sep- 
tember. 1862. 

Stevens,  William,  Co.  — ,  9th  Inf.;  must.  Oct.  11, 1862. 

Steward,  Joseph,  9th  Inf.;  must.  Oct.  11,  1862. 

Tripp,  Nahum  G.,  Co.  I,  Ist  Cav.;  must.  Oct.  31, 1861. 

Trafton,  William  L.,  must.  April  6, 1864;  prisoner  Sept.  30;  trans,  to  Co.  B. 

Trafton,  Osborne,  Co.  I,  27th  Inf.;  must.  Sept.  30, 1860;  re-enl.  as  veteran  ;  died 
of  wounds.  May  29, 1864 

Tripp,  Pelatiah  R.,  Co.  I,  27th  Inf. ;  must.  Sept.  30, 1862  ;  disch.  with  company. 

Taylor,  Wash'n  C,  Ci..  B,  8th  Inf. ;  must.  Aug.  25,  1862  ;  disch.  June  12, 1865. 

Trafton.  Hiram  W.,  Co.  F,  8th  Inf. ;  must.  Sept.  7, 1861 ;  died  at  Hilton  Head, 
Nov.  17, 1861. 

Whilten,  John  G.,  1st  lieut.,  Co.  F,  31st  Inf. :  must.  April  5,  1864  ;  released  pris- 
oner ;  trans,  to  Co.  A. 

Whilten,  Samuel,  wagoner,  Co.  F,  3l6t  Inf. ;  must.  April  5, 1864  ;  disch.  1865. 

Wright,  Charles  L.,  Co.  G,  17th  Inf.,  mu.st.  Aug.  IS,  1862;  trans,  to  Vet.  Rei. 
Corps,  1864. 

Wormwood,  Daniel,  Jr.,  Co.  I,  27th  Inf.;  must.  Sept.  30,1862;  disch.  Jan.  7, 
1863. 

Wormwood,  John  P.,  Co.  1, 27th  Inf. ;  must.  Sept.  30, 1862  ;  disch.  with  company. 

Wright,  George  C,  Co.  I,  37th  Inf. ;  must.  Sept.  30, 1862 ;  disch.  with  company. 

Whitten,  Cbaries  D.,  Co.  F,  8lh  Inf.;  must.  Sept.  7, 1861 ;  re-enl.  Feb.  29,  1864; 
pro.  Corp.,  1865  ;  disch.  Jan.  18,  1866. 

Witham,  Albert  F.,  Co.  F,  8th  Inf.;  must.  Sept.  7, 1861 ;  re-enl.  Feb.  29, 1864  ; 
disch.  March  14, 1866. 

Whitten,  John  G.,  Corp.,  Co.  I,  27th  Inf  ;  must.  Sept.  30,  1862;  re-enl. ;  killed 
in  battle,  July  30,  1864. 

White,  Josepii  H.,  musician,  Co.  I,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with 


Aug.  25,  1862 ; 


20,  1864; 


Welch,  Ira  M.,  Co.  B,  8th  I 

disch.  Aug.  25,  1866. 
Yeaton,  Lewis  D,  Co.  F,  8th  Inf. :  must.  Feb.  23, 1864. 
Teaton,  Oliver  R.,  Co.  F,  8th  Inf. ;  must.  March  9,  1864  ;  disch.  Sept.  26,  1864. 

FOREIGN  ENLISTMENTS. 
Allen,  Timothy  F.,  U.  S.  Navy. 
Johnson,  Augustus,  Blassachusetts  Vols. 
Liltlefleld,  John  B.,  Massachusetts  Vols. 
Roberts,  Bion,  MassachUr^etts  Vols. 
Sayward,  George  H.,  U.  S.  Navy. 


2;  disch.  June 


BERWICK. 

Allen,  Samuel  L.,  Co.  D,  27th  Inf. ;  must.  Sept.  30, 1S62;  disch.  with 
July  17,1863. 

.Abbott,  Charles  C,  musician,  Co.  I,  8th  Inf.;  must.  Aug, 
II,  1S65. 

Butler,  William  N.,  Co.  D,  27th  Inf. ;  must.  Sept.  30, 1862 ;  disch.  with 

Bragdon,  Benjamin  H. 

Bean,  Lewis  L.,  Co.  D,  27tli  Inf.;  must.  Sept.  30, 1862;  disch.  with  company. 

Berry,  John,  Co.  D,  27th  Inf.;  must.  Sept.  30, 1862;  disch.  Dec.  25, 1862. 

Butler,  Stephen  F.,  Co.  K,  14th  Inf. 

Clements,  Henry,  Co.  D,  27tli  Inf. ;  must.  Sept.  30, 1862 ;  disch.  with  company. 

Clements,  James  H.,  Co.  D,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with  com- 
pany. 

Colony,  Elbridge,  Co.  G,  17th  Inf.;  must.  Aug.  18,  1862;  wounded  at  Gettys- 
burg ;  taken  prisouer  June  23, 1864 ;  died  Aug.  18,  1864. 

Clements,  John  H.,  Corp.,  Co.  K,  14th  Inf. 

Clement,  John  H.,  Co.  L,  2d  Cav.;  must.  Dec.  24,  1863. 

Dillingham,  Seth,  sergt.,  Co.  F,  8th  Inf.;  must.  Sept.  7, 1861. 

Day,  John  W.,  musician,  Co.  K,  14th  Inf. 

Deland,  Ephraim  J.,  Co.  6, 17th  Inf. ;  must.  Aug.  18,  1862 ;  pro.  to  Corp. ;  disch. 
Nov.  25, 1862. 

Doe,  John  F.,  Co.  G,  1st  Vet  Inf  ;  must.  Dec.  14, 1863;  wounded  June  3, 1863. 

Eastman,  George  A.,  Co.  G,  17th  Inf. ;  must.  Aug.  18, 1862;  wounded  at  Gettys- 
burg; discharged. 

Frost,  George  C,  Co.  K,  14th  Inf. 

Ford,  Alvin  A.,  Co.  D,  27th  Inf  ;  must.  Sept.  30, 1862 ;  disch.  with  company. 

Fullerton,  David  B.,  capt.,  Co.  D,  27th  Inf. ;  must.  Sept  30, 1862 ;  resigned  Feb. 


Aug.  18,  1862 ;  disch.  with 


Goodwin,  James  F.,  Co.  G,  17th  Inf. ; 
pany. 

Guptill,  George  A.,  Corp. 

Goodwin,  Charles  H.,  Co.  D,  27th  Inf;  must.  Sept.  30,  1862;  veteran;  re-en- 
listed. 

Goodwin,  Joseph  B.,  Co.  D, 27th  Inf.;  must  Sept  30, 1862 ;  veteran;  re-enlisted. 

Gordon,  Charles  S..  Co.  D,  27th  Inf.;  must.  Sept  30, 1862;  veteran;  re-enlisted. 

Gibbs,  Cbaries  H.,  Co.  L,  2d  Cav. ;  must.  Dec.  31, 186:i;  disch.  June  3,  1865. 

Guptill,  John  A.,  Co.  U,  27th  Inf.;  must.  Sept.  .30,  1862  ;  disch.  with  company. 


HISTORY   OF   YORK   COUNTY,  MAINE. 


Hayes,  Fred,  Jr.,  Co.  — ,  6th  Inf.;  must.  1861. 

Hiird,  Robert  F.,  Co.  I,  1st  Oiiv.;  must.  Oct.  31,  1861. 

Hill,  John  F.,  Co.  I,  1st  Cav. ;  must.  Aug.  27,  1862;  disch.  JIh.v  28,  1865. 

Ham,  Charles  H.,  Co.  G,  17th  Inf. ;  must.  Aug.  18,  1862 ;  wounded  May  5,  1 864  ; 

disch.  with  company. 
Home,  John  B.,  Co.  G,  17th  Inf  ;  must.  Aug.  18, 1862 ;  trans,  to  Vet.  Res.  Corps, 

1864. 
Hurd,  Francis  E.,  Co.  G,  17th  Inf.;  must.  Aug.  18,  1862;  killed  at  Gettysburg, 

July  2. 
Hurd,  Nathaniel  N.,  Ist  sergt.,  Co.  D,  2Tth  Inf.;  must.  (M.  l.i,  1862;  disch. 

with  company,  July  17,  1863. 
Hayes,  Frederick,  sergt.,  Co.  D,  27th  Inf.;  must.  Oct.  15,  1862;  pro.  to  lieut., 

March  1,  1863. 
Hurd,  Thomas  H.,  corp.,  Co.   D,  27th  Inf.;   must.  Sept.  30,1862;  disch.  with 

company. 
Hurd,  John  H., -wagoner,  Co.  D,  27th   Inf.;  must.  Sept.  .30,  1862 ;  disch.  with 

Hanson,  Lewis  B.,  Co.  D,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with  company. 
Hanscom,  William  L.,  Co.  D,  27th  Inf. ;  must.  Sept.  30, 1862 ;  disch.  with  com- 
pany. 
Hardison,  Ezra  H.,  Co.  D,  27th  Inf. ;  must  Sept.  30, 1862;  disch.  with  company. 
Hersom,  John  H.,  Co.  D,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with  compauy. 
Hanscom,  George,  Co.  K,  1st  Vet.  Inf. ;  must.  Aug.  24,  1864. 
Holmes,  Thomas,  Co.  E,  9th  Inf. ;  must.  July  27, 1863  ;  disch.  with  company. 
Hayes,  Frederick,  sergt.,  Co.  D,  27th  Inf.;  must.  Oct.  5, 1862;  pro.  to  2d  lieut., 

March  1, 1863. 
Knox,  William  K.,  Co.  D,  11th  Inf ;  must.  April  5,  1866;  disch  April  5, 1866. 
Knox,  Daniel  E.,  Co.  D,  1st  Bat.  Inf. ;  must.  April  S,  I860  ;  pro.  to  corp. ;  disch. 

April  5, 1866. 
Lord,  Ezekiel  S.,  Co.  D,  27th  Inf. ;  must.  Sept.  30, 1862 ;  disch.  with  company. 
Lamos,  Lord  W.,  Co.  G,  17th  Inf. ;  must.  Aug.  18, 1862 ;  pro.  to  corp.  and  sergt., 

1863  ;  pro.  to  1st  sergt.  and  2d  lieut.,  Co.  K,  1864. 
Laird,  William  H.,  Co.  G,  17th  Inf.;  must.  Aug.  18,  1862;  trans,  to  artillery, 

1862. 
Lord,  Charles  P.,  sergt.,  Co.  F,  Sth  Inf. ;  must.  Sept.  7,  1861. 
Lord,  Timothy  H.,  corp.,  Co.  D,  27th  Inf. ;  must.  Sept.  30,  1862  ;  pro.  to  sergt. ; 

disch.  with  company. 
Marshall,  Casper  E.,  wagoner,  Co.  F,  Sth  Inf ;  must.  Sept.  7,  1861. 
Mathews,  Charles  W.,  Co.  K,  14th  Inf 
Manson,  William  G.,  Co.  K,  14th  Inf. 

Manning,  George  F.,  Co.  D,  27th  Inf. ;  must.  Sept.  30,  1862;  disch.  with  com- 
pany. 
Miller,  Mark,  Co.  D,  27th  Inf. ;  must.  Sept.  30,  1862  ;  died  May  4,  1864. 
Nute,  Ivory  H.,  Co.  D,  27th  Inf. ;   must.  Sept.  30,  1862 ;  pro.  to  Corp. ;  disch. 

with  company. 
Pinkham,  Isaiah,  Jr.,  sergt.,  Co.  K,  14tli  Inf.;  pro.  to  1st  sergt. ;  disch.  1863. 
Pinkham,  Francis,  Go.  G,  17th  Inf ;  must.  Aug.  18, 1862 ;  pro.  to  corp.  and  sergt., 

1864. 
Pray,  James  E.  S.,  Co.  G,  17th  Inf  ;  must.  Aug.  IS,  1862;  pro.  to  hospital  stew- 
ard, 1864. 
Pierce,  Charles  A.,  Co.  D,  27th  Inf.;  must.  Sept.  30,  1802;  pro.  to  Corp.;  disch. 

with  company. 
Pray,  William  A.,  Co.  D,  27th  Inf.;  must.  Oct.  15, 1862;  disch.  with  company. 
I'arshley,  Frank  B.,  Co.  I,  20th  Inf.;  traus.  from  16th  Maine;   must.  Oct.  6, 

1864;  disch.  with  company. 
Roberts,  Stephen  H.,  Co.  G,  17th  Inf.;  must.  Aug.  IS,  1862;  pro.  to  sergt.,  1863; 

wounded  and  taken  prisoner,  May  5,  1864. 
Roberts,  James  A.,  Co.  G,  17th  Inf. ;  must.  Aug.  18,  1862 ;  pro.  to  corp. 
Roberts,  Ebenezer,  Co.  G,  17th  Inf.;  must.  Aug.  18, 1862;  detached  to  Provost 

Guard,  1863;  disch.  with  company. 
Robinson,  James  B.,  Co.  G,  17th  Inf  ;  must.  Aug.  18,  1S62;  trans,  to  Vet.  Res. 

Corps,  1864. 
Rowe,  Seth  W.,  Co.  G,  17th  Inf.;  must.  Aug.  18,  1862;  disch.  Oct.  1,  1863. 
Roberts,  Joseph. 
Randall,  Samuel  P.,  veteran,  Co.  F,  32d  Inf.;  must.  April  5,  1864;  IraTis.  from 

Co.  A,  31st  Maine ;  pro.  to  corp. ;  disch.  with  company. 
Roberts,  Joseph  H.,  sergt.,  Co.  D,  27th  Inf;  must.  Sept.  30,  1862;  died  May  9, 

1863. 
Sweet,  Dyer  W.,  band,  9th  Inf.;  must.  Sept.  22,  1801 ;  di.sch.  by  general  order, 

in  1862. 
Stevens,  Jacob,  Corp.,  Co.  K,  14th  Inf 

Stillings,  Eli  N.,  Co,  E,  14th  Inf.;  must.  Jan.  8;  disch.  June  1.5,  1862. 
Spencer,  .\lvin  B.,  Co.  I,  1st  Cav. ;  must.  Aug.  21,  1862. 
Simpson,  Sylvanus  R.,  Co.  D,  17th  Inf.;  must.  Aug.  18,  1862;  wounded  May  3, 

1863 ;  pro.  to  Corp. ;  pro.  to  sergt. ;  re-enlisted ;  detached. 
Shaw,  J.  Lyman,  Co.  D,  27th  Inf.;  must.  Sept.  30,  1862;   trans,  to  Co.  B,  30th 

Inf 
Stillings,  Calvin,  Co.  D,  27th  Inf.;  must.  Oct.  16,  1862;  disch.  with  company. 
Tibbetts,  George  H.  W.,  Co.  K,  14th  Inf. 

Tweedie,  James,  Co.  B,  1st  Cav.;  must.  Feb.  26, 1864;  trans. from  D.  C.  Cav. 
Vaughan,  John,  Co.  G,  17th  Inf.;  must.  Aug.  18,  1862;  disch.  Nov.  6,  1863. 
Whitehouse,  Charles  F.,  Co.  G,  17th  Inf.;  must.  Aug.  18, 1S62;  pro.  to  sergt.; 

taken  prisoner;  exchanged;  disch.  May  26,  1865. 
Wentworth,  Henry  R.,  Co.  G,  17th  Inf.;  must.  Aug.  18, 1862;  disch.  May  18, 

1866. 

"  -     "     ~     -  ,  1862;  disch.  Feb.  6,' 1863. 


Wentworth,  William  H.,  Co.  K,  14th  Inf. 

Wyman,  Joseph,  Co.  — ,  7th  Inf.;  must.  Aug.  21,  1861;  disch.  June  7.  1862. 

Wentworth,  Jacob,  Co.  F,  4th  N.  H.  Inf  ;  enl.  1801 ;  pro.  to  Corp.;  re-enlisted  ; 
disch.  at  end  of  war. 

Wentworth,  William  H.,  Co.  L,  2d  Cav. ;  must.  Dec.  24, 1863;  trans,  to  Navy, 
1805. 

W^entworth,  Horace, 5th  Mass.  Inf.;  under  first  call  for  troops;  was  iu  the  Bal- 
timore mob;  re-enl.  in  30th  Mass.  I[if.;  disch.  for  disability  in  1863. 

Wallingford,  George,  Co.  G,  17th  Inf.;  must.  Aug.  18,  1862;  wounded;  disch. 
Nov.  29,  1864. 


.  A,  31st  Inf.;  miist.  May  3,  1864. 


FOREIGN   ENLISTMENTS. 
Bean,  David  F.,  6th  New  Hampshire  Infantry. 
Coffin,  Charles  E.,  13th  Massachusetts  Infantry. 
Connor,  Thomas,  U.  S.  Navy. 
Devine,  Patrick,  10th  New  Hampshire  Infantry. 
Drewy,  John,  U.  S.  Navy. 

Doherty,  Richard,  loth  New  Hampshire  Infantry. 
Dore,  John,  lOth  New  Hampshire  Infantry. 
Dure,  Orriu  Q.,  4th  New  Hampshire  Infantry. 
Flannigan,  Edward,  9th  New  Hampshire  Infantry. 
Gordon,  Ezra  B.,  9th  New  Hampshire  Infantry. 

Guptill, ,  Massachusetts  Volunteers. 

Goodwin,  Da\1d  L.,  U.  S.  Navy. 
Hamblin,  Patrick,  U.  S.  Army. 
Hamblin,  John,  12th  New  Hampshire  Infantry. 
Hayes,  Hiiam,  6lh  New  Hampshire  Infantry. 
Hayes,  John  A.,  11th  New  Hampshire  Infantry. 
Holmes,  John.  7th  New  Hampshire  Infantry. 
Huid,  George,  2d  New  Hampshire  Volunteer?. 
Hurd,  Hiram,  4th  New  Hampshire  Volunteers. 

Kenniston,  Horace  B., New  Hampshire  Volunteers 

Kenniston,  John, New  Hampsliire  Volunteers. 

Knox,  Samuel,  6th  New  Hampshire  Volunteers. 
Knox,  William  H.,  5th  New  Hampshire  Volunteers. 
Mahoney,  John,  Jr.,  4th  New  Hampshire  Volunteers. 
JIcGroty,  Hugh,  3d  New  Hampshire  Volunteers. 
JIcGr.ity,  James,  3d  New  Hampshire  Volunteers. 
McGroty,  John,  12th  Ohio  Infantry. 
McLaughlin,  John.  7th  New  Hampshire  Infantry. 
McLaughlin,  Michael,  9th  New  Hampshire  Infantry. 
Merrow,  Hiram,  6th  New  Hampshire  Infantry. 
Mansise,  Cornelius  L.,  U.  S.  Navy. 
Murphy,  James,  7th  New  Hampshire  Infantry. 
McUube,  Franklin,  U.  S.  Army. 
Noble,  Samuel,  4th  New  Hampshire  lufantiy. 

Porter,  Festus, New  Hampshire  Volunteers. 

Pierce,  George,  4th  New  Hampshire  Volunteers. 
Pierce,  John,  4th  New  Hampshire  Volunteers. 

Kundlett,  Charles  S.,  9th  New  Hampshire  Infantry. 
Randall,  Reuben,  11th  New  Hampshire  Infantry. 
Randall,  Charles  E.,  6th  New  Hampshire  Infantry. 
Ricker,  Reuben  H.,  6th  New  Hampshire  Infantry. 
Stillings,  Ivory  R.,  35th  Massachusetts  Infantry. 
Stillings,  Samuel  W.,  U.  S.  Navy. 
Sanders,  Charles  B.,  11th  New  Hampshire  Infantry. 
Spencer,  John,  13th  Massachusetts  Infantry. 

Trafton,  Henry  0., New  Hampshire  Volunteers. 

Tibbetts,  Isaac, New  Hampshire  Volunteers. 

Thompson,  James,  9th  New  Hampshire  Infantry. 
Wallingford,  Amos,  3d  New  Hampshire  Volunteers. 
Wallingford,  James  G.,  3d  New  Hampshire  Volnnteer-s. 

Wingate,  Orrin  P., New  Hampshire  Volunteers. 

Wentworth,  Charles  H.,  4th  New  Hampshire  Volunteer! 
Wentworth,  Jacob,  4th  New  Hampshire  Volunteei-s. 
Wentworth,  Joseph  H.,  7th  New  Hampshire  Volunteers 


BIDDEFORI). 

Adams,  Israel,  Corp.,  Co.  B,  5th  Inf.;  must.  June  24,  1861  ;  killed  at   Gaines' 

Mills,  June  27,  1862. 
Adams,  Oliver  B.,  Co.  B,  6th  Inf ;  must.  June  24,  1861 ,  wounded  May  3,  1863 ; 

disch.  with  company,  July  27,  1864. 
Ayer,  Charies  H.,  Co.  B,  6th  Inf. ;  must.  June  24, 1861. 

Adams,  William  J.,  Co.  G,  5th  Inf. ;  must.  June  23, 1861 ;  missing  July  27,  1861. 
Andrews,  Ingalls,  Co.  I,  Sth  Inf;  must.  Aug.  19,  1862;  disch.  Oct.  7,  1863. 
Abbott,  David,  Co.  B,  9th  Inf.;    must.  Sept.  22, 1861 ;  pro.  to  Corp.;  disch.  Sept. 

27,  1864. 
Abbott,  William,  Co.  E,  9th  Inf.;  must.  Sept.  22, 1861;  killed  July  20, 1864. 
Ayer,  George  S.,  Corp.,  Co.  A,  10th  Inf.;  must.  Oct.  4,  1861;  wounded  Aug.  9; 

disch.  Nov.  2, 1862. 


WAR   OF   THE   REBELLION. 


125 


Annie,  Charles  H,,t8t  sergt.,  Co.  K,  13th  Inf. ;  must.  Dec.  13, 1861  ;  pro.  t.i  ciip(.. 

Corps  d'Afrique. 
Andrews,  Simon  S.,  sergt,  Co.  K,  13th  Inf.;  must.  Dec.  13,  ISGI ;  pro.  to  1st 

sergt.;  re-enlisted;  pro.  to  lient.,  April  18,  1864. 
Andrews,  Stephen,  Corp.,  Co.  K,  13th  Inf.;  must.  Dec.  13,  1861 ;  disch    May  12, 

1863. 
Andrews,  George  B.,  Co.  K,  13th  Inf. ;  must.  Dec.  13, 1861  ;  pro.  to  sergt.,  1864  ; 

transferred. 
Andrews,  Stephen  E.,  Co.  K,  13th  Inf. ;  must.  Doc.  13, 1861 ;  trans,  to  30th  Vet. 

Regt.,  1864;  disch.  Aug.  20,  I860. 
Avorill,  Geoige  W.,  Co.  K,13tli  Inf.  ;  must.  Jan.  2,  1862;  disch.  Ma.v  6,  1862. 
Andrews,  Chase,  Corp.,  Co.  F,  27tli  Inf. ;  mnst.  Sept.  30, 1862;  disch.  with  com- 
pany, July  17, 1863. 
Adams,  Lucien,  Co.  F,  27th   Inf.;  must.  Sept.  30,1862;  disch.  with  company, 

July  17,  1863. 
Ames,  Noah  S.,  Co.  K,  30th  Inf. ;  must.  Jan.  14, 1864;  trans,  to  Vet.  Reserve 

Corps,  1865. 
Andrews,   Simon   S.,  capt.,  Co.  K,  30th  Inf.;  veteran;    must.  April   18,  1864; 

disch.  Aug.  20,  1865. 
Aycre,  Charles  W.,  Co.  F,  31st  Inf.;  must.  April  5, 1864;  disch.  with  company. 
Adams,  William,  Co.  F,  3l8t  Inf.;  must.  April  5, 1864  ;  disch.  with  company. 
Allen,  Arthur,  Co.  D,  1st  Bat.  Inf. ;  must.  April  5, 1865 ;  disch.  Oct.  3, 1865. 
Andrews,  Atwood  A.,  Co.  D,  2d  Car.;  must.  Oct.  12, 1864;  disch.  Oct.  6,  1866. 
Andrews,  Ira.  capt.,  Co.  A,  Coast  Guards  Art.;  mnst.  Oct.  28, 1861 ;  disch.  Sept. 

13, 1862. 
Armour,  Samuel  G.,  Co.  A,  Coast  Guards  Art. ;  must.  Oct.  28, 1861 ;  disch.  Sept. 

13,  1862. 
Andrews,  Ira,  1st  lieut..  Coast  Guards;  must.  Oct.  28,  1861 ;  disch.  Sept.  l:),  1862. 
Andrews,  John  B.,  1st  lieut.,  Co.  H,  1st  CaT. ;  must.  1861 ;  disch.  Dec.  5, 1864. 
Boardman,  Wm.  H.,  5th  Inf.  Band  ;  must.  June  24, 1861  ;  disch.  August,  1862. 
Bnickett,  Samuel  B.,  sergt.,  Co.  B,  6th  Inf;  must.  June  24,  1861;  pro.  to  1st 

sergt.;  disch.  with  company. 
Bacon,  George  W.,  Co.  B,  .5th  Inf.;  must.  Juno  24, 1861  ;  killed  May  10, 1864. 
Bean,  Aaron  H.,  Co.  B,  5th  Inf. ;  must.  June  24,  1861  ;  disch.  with  company. 
Berry,  Cyrus  P.,  Co.  B,  5tli  Inf. ;  must.  June  24,  1861 ;  pro.  to  coi-p. ;  re-enl.  Jan- 
uary, 1864,  in  1st  Maine  Vet.  Regt. 
Brackett,  Peter,  Co.  B,  5th  Inf. ;  must.  June  24, 1861  ;  re-enl.  Feb.  16,  1864. 
Brown,  Charles  H.,  Co.  B,  6th  Inf.;  must.  June  24, 1861 ;  disch.  with  company. 
Butler,  Wentworth,  Co:  B,  5th  Inf. ;  must.  June  24, 1861 ;  disch.  with  company. 
Berry,  Robert,  Co.  B,  5th  Inf. ;  must.  Sept.  8, 1862  ;  trans,  to  1st  Maine  Vets. 
Baker,  Albert,  Co.  C,  5th  Inf;  must.  June  24,  1861;  taken   prisoner,  Nov.  27, 


Buzzell, 


I  Q.,  Co.  G,  :■ 


>23,  1861  : 


Run. 


Burns,  John,  Co.  G,  8th  Inf.;  must.  Aug. 28,  1862;  disch.  June  U,  1865. 

Baker,  Francis,  Co.  G,  8th  Inf.;  nmst.  Aug.  21,  1862;  wounded  June  18,  1864; 
disch.  March  17, 1865. 

Burns,  Patrick,  Co.  G,  Sth  Inf.;  must.  Aug.  28, 1862;  missing  in  action,  Oct.  27, 
1864. 

Brogan,  ThouiM,  Co.  G,  Sth  Inf. ;  must.  Aug.  28,  1862 ;  trans,  to  Vet.  Kes.  Corps, 
May  21,  1861. 

Br.)wn,  John,  Co.  G,  Sth  Inf.;  must.  Aug.  27,  1862;  taken  prisoner,  June  18, 
1864;  died  at  Andereonville,  Ga.,  Aug.  26, 1664. 

Bardsley,  Wm.,  Co.  G,  8th  Inf.;  must.  Aug.  28,  1862  ;  pro.  to  coip.  ami  sei^t. ; 
detached  in  Maine;  disch.  June  19, 1865. 

Bardsley,  Wright,  Co.  G,  Sth  Inf.;  must.  Aug.  16,  1R62. 

Bragdon,  Edward  P.  M.,  Corp.,  Co.  A,  10th  Inf.;  must.  Oct.  4,  1861  ;  trans,  with 
company  to  29th  Inf.,  May  31, 1864. 

Benson,  Henry,  Co.  A,  10th  Inf.;  must.  Oct.  4,1861;  taken  prisoner.  May  25, 
1862. 

Brady,  Joseph,  Co.  A,  10th  Inf. ;  must.  Oct.  4,  1861 ;  trans,  with  company. 

Brady,  Michael,  Co.  A,  lOlh  Inf. ;  must.  Oct.  4, 1861 ;  missing  May  31, 1863. 

Bond,  Robert  D.,  Co.  B,  10th  Inf.;  must.  Aug.  18, 1862;  wounded  atAntietam; 
disch.  Dec.  22,  1862. 

Brackett,  John  H.,  Co.  K,  13th  Inf.;  must.  Dec.2S,  1861 ;  taken  prisoner,  April 
9,1864. 

Blake,  Oliver  D.,  sergt.,  Co.  1, 17th  Inf. ;  nmst.  Aug.  18,  1862 ;  disch.  with  com- 
pany, June  4,  I860. 

Bradbury,  Thomas  C,  Co.  I,  17th  Inf.;  must.  Aug.  18, 1862;  pro.  to  cor].,  and 
sergt. ;  wounded  June  17, 1864 ;  disch.  with  company. 

Blan.hard,  Thom.as,  Co.  K,  17  th  Inf;  must.  Sept.  9, 1863;  trans,  to  Navy,  April 
12, 1864. 

Uoothby,  Putnam  S.,  Co.  K,  ITth  Inf. ;  must.  Feb.  17, 1863 ;  wounded  at  Chan- 
cellorsville  ;  pro.  to  1st  lieut.  and  acting  at^utant,  February,  1863. 

Bridges,  Thomas  C,  Co.  I,  20th  Inf. ;  mnst.  Aug.  29, 1862  ;  disch.  Dec.  14, 1862. 

Buck,  Thomas  H.,  Co.  I,  20th  Inf.;  must.  Aug.  29, 1862;  pro.  to  Corp.;  disch. 
1864. 

Brackett,  Lorenzo  D.,  Corp.,  Co.  F,  27th  Inf. ;  must.  Sept.  30, 1862  ;  pro.  to  sergt. ; 
disch.  with  company. 

Bisl-ee,  Charles  1),,  I '...  F,  27tli  Inf. ;  must.  Sept.  30,  1862;  disch.  with  company. 

Blood,  Charles  H.,  Co.  K,  ■J7th  Inf. ;  mnst.  Sept.  30, 1862;  disch.  with  company. 

Biirnbiim,  Eben,  Co.  F,  27th  Inf.;  mnst.  Sept.  30,  1862;  disch.  with  company, 
July  17,  1863. 

Burnham,  Elbridge,  Co.  F,  27th  Inf.;  must.  Sept.  30,  1862;  disch.  with  com- 
pany, July  17,  1863. 

Burnham,  Francis  M.,  Co.  F,27th  Inf.;  mnst.  Sept.  30,  1862;  disch.  with  com- 
pany, July  17, 1863. 


Burns,  James,  Co.  F,  27th  1 


t.  Sept.  30, 1862;  disch.  with  company.  July 

Berry,  Charles  B.,  Co.  E,29th  Inf. ;  must.  Nov.  13,  1863,  vet.  organization. 
Bowden,  Charles,  Co.  A,  31st  Inf.;  must.  March  3, 1864  ;  taken  prisoner,  Sept. 

30,  1864;  trans,  to  Co.  A,  32d  Inf.,  in  1865. 
Brown,  Charles  H.,  Co.  K,  3l8t  Inf.;  must.  May  6, 1864;  disch.  July  6, 1865. 
Buzzell,  William  B.,  Co.  K,  31st  Inf. ;  mnst.  May  6, 1864  ;  disch.  Aug.  14, 186,5. 
Benson,  Thomas,  Co.  A,  32d  Inf. ;  must.  May  3, 1864  ;  wounded  May  12  ;  disch. 


Brown,  Charles  H.,  musician,  Co.  K,  32d  Inf. ;  mnst.  May  6, 
Bickford,  John  H.,  Ist  District  Columbia  Cav. ;  must.  Feb.  9 
Bnisos,  Peter,  Co.  E,  1st  Cav.;  must. Feb.  10, 1864;  disch.  vr 


.1865. 


iipan.v,  Aug. 


.  in  Ist 


Blanchard,  David  D.,  Co.  E,  Ist  Cav.;  must.  Dec.  3, 1864. 

Boothby,  George  W.,  C^.  E,  1st  Cav. ;  must.  Nov.  16, 1864 ;  disch.  June  20, 1866. 
Bryant,  Jolin,  Co.  E,  Ist  Cav.;  must.  Dec.  2, 1863;  trans,  to  Navy,  March,  1804. 
Burnham,  Thomas  S.,  6th  Bat.  Mounted  Art.;  must.  Sept.  26, 1864;  disch.  with 

company. 
Brackett,  Peter,  Co.  B,  1st  Vet.  Inf. ;  must.  Feb.  15, 1864 ;  disch.  June  28, 1866. 
Berry,  Robert,  Co.  B,  Ist  Vet.  Inf.;  must.  Feb.  8,  1862;  disch.  June  28,  1865. 
Berry,  Cyrus  P.,  Co.  B,  1st  Vet.  Inf. ;  mnst.  Jan.  4, 1864;  disch.  June  28, 186.'i. 
Brackett,  Edwin  C,  Co.  B,  1st  Vet.  Inf. ;  must.  Jan.  28,  1864 ;  disch.  June  28, 

1865. 
Bullock,  William  B.  T.,  Co.  B,  2d  Cav. ;  must.  Sept.  29,  1864 ;  disch.  Sept.  15, 

1865. 
Bullock,  Daniel  S.,  Co.  B,  2d  Cav. :  must.  Sept.  29. 1864;  disch.  Sept.  29, 1865. 
Be;m,  George,  Corp.,  Co.  A,  Coast  Guards  Art.;  must.  Oct.  28,  1861 ;  disch.  with 

company,  Sept.  13,  1862. 
Bryant,  Mark,  Corp.,  Co.  A,  Coa.st  Guards  .\rt. ;  must.  Oct.  28, 1S61 ;  disch  with 

company,  Sept.  13, 1862. 
Billings,  George  E.,  Co.  A,  Coast  Guards  Art. ;  must.  Oct.  28, 1861 ;  disch.  with 

company,  Sept.  13,  1862. 
Boothby,  Sylvester,  lieut.,  Co.  A,  Coast  Guards  Art.;  must.  March  22, 1861  :  re- 
signed March  22, 1862. 
Boothby,  Putnam  S.,  1st  lieut.,  Co.  I,  17th  Inf.;  must.  Aug.  18;  disch.  Dec.  2, 

1862. 
Cleaves,  Charles  F.,  5th  Inf.  Band  ;  must.  June  24,  1S61 ;  disch.  August,  1862. 
Chadbourne,  Horace   R.,  Co.  B,  Sth  Inf.;  must.  . 

Maine  Vet.  Regt. 
Couscns,  Prentice  M.,  Co.  B,  5th  Inf. ;  mnst.  Jnn^ 

pany. 
Crouch,  Daniel,  Co.  D,  6th  Inf;  must.  June  24,  1861 ;  missing  Sept.  1, 1863. 
Connelly,  John  T,,  Co.  G,  7lh  Inf. ;  must.  June  29,  1863  ;  trans,  to  1st  Vet.  Inf. 
Carnley,  Patrick,  Co.  G,  Sth  Inf.;  must.  Aug.  19, 1862  ;  disch.  June  11, 186.6. 
Cleaves,  James  T.,  Co.  H,  Sth  Inf.;  must.  Aug.  9,  1862;  pro.  to  Corp.;  disch. 

June  11,  186.5. 
Chapman,  Isaac,  Co.  E,  9th  Inf. ;  must.  Sept.  22, 1861;  disch.  Sept.  27, 1864. 
Callaghan,  Patrick,  Co.  1, 13th  Inf. ;  must.  Jan.  9, 1862 :  re-enl.  1864 ;  transferred. 
Ciessy,  Edward  P.,  Co.  K,  13th  Inf. ;  must.  Dec.  13,  1861 ;  disch.  Jan.  16, 1864. 
Cfiburn,  Edward,  Co.  K,  13th  Inf.;  mnst.  Feb.  17,  186